Common use of Defeasance and Discharge Clause in Contracts

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 57 contracts

Sources: Indenture (Corning Finance B V), Indenture (Psi Energy Inc), Indenture (King Pharmaceuticals Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on on, or any Additional Amounts with respect to, such Securities when payments are due, , (2) the Company's ’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 1003, 10.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this ArticleArticle 13. Subject to compliance with this ArticleArticle 13, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.

Appears in 54 contracts

Sources: Indenture (Umb Financial Corp), Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 24 contracts

Sources: Subordinated Indenture (Medtronic Inc), Indenture (Eplus Inc), Indenture (Pioneer Energy Services Corp)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fifteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 17 contracts

Sources: Indenture (Cygnus Inc /De/), Indenture (Sun Microsystems Inc), Indenture (Hewlett Packard Co)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such SectionSection 13.05, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 16 contracts

Sources: Indenture (Verb Technology Company, Inc.), Indenture (Tevogen Bio Holdings Inc.), Indenture (EyePoint Pharmaceuticals, Inc.)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 15 contracts

Sources: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Helix Energy Solutions Group Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 14 contracts

Sources: Indenture (Hyperscale Data, Inc.), Indenture (Hyperscale Data, Inc.), Indenture (Singing Machine Co Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.

Appears in 14 contracts

Sources: Indenture (Burlington Northern Santa Fe Corp), Indenture (Pacificare Health Systems Inc /De/), Indenture (Noram Energy Corp/)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 14 contracts

Sources: Indenture (Axys Pharmecueticals Inc), Indenture (Hewlett Packard Co), Indenture (Micron Technology Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 11 contracts

Sources: Indenture (Gamco Investors, Inc. Et Al), Indenture (Metlife Inc), Indenture (Metlife Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (option, if any) , to have this Section 1302 applied to any Securities or any series of Securities, as the case may beor if this Section 1302 shall otherwise apply to any Securities or any series of Securities, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal of and any premium premium, if any, and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (option, if any) , to have this Section 1302 applied to the Securities of any Securities series notwithstanding the prior exercise of its option (option, if any) , to have Section 1303 applied to such Securities.

Appears in 9 contracts

Sources: Indenture (KKR Real Estate Finance Trust Inc.), Indenture (KKR Real Estate Finance Trust Inc.), Indenture (BrightView Holdings, Inc.)

Defeasance and Discharge. Upon the Company's Corporation’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the The rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on on, or any Additional Amounts with respect to, such Securities when payments are due, , (2) the Company's The Corporation’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 1003, 10.3, (3) the The rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this ArticleThis Article 13. Subject to compliance with this ArticleArticle 13, the Company Corporation may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.

Appears in 8 contracts

Sources: Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Fl/), Indenture (FNB Corp/Fl/)

Defeasance and Discharge. Upon the Company's ’s exercise of its the option (if any) provided in Section 1201 to have this Section 1202 applied to all the Outstanding Securities of any Securities or any series of Securities, as the case may beseries, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "Defeasance"hereinafter, “defeasance”). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such all the Outstanding Securities of any series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same)) except for the following, subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium premium, if any, Additional Amounts, if any, and interest on such Securities when such payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 308, 1002 and 1003, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this ArticleArticle Twelve and the Company’s obligations to the Trustee under Section 607. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.

Appears in 7 contracts

Sources: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 12.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option (if any) to have Section 1303 12.3 applied to such Securities.

Appears in 7 contracts

Sources: Indenture (Fox Kids Worldwide Inc), Indenture (Group Maintenance America Corp), Indenture (Miller Mechanical Contractors Inc)

Defeasance and Discharge. Upon the Company's Corporation’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's Corporation’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Corporation may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 6 contracts

Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 6 contracts

Sources: Senior Indenture (Newfield Exploration Co /De/), Senior Indenture (South Financial Group Inc), Senior Indenture (Forest Oil Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 1003, 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 6 contracts

Sources: Indenture (Marathon Petroleum Corp), Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities (and all obligations of any Guarantors with respect to any Guarantees shall be discharged) as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 6 contracts

Sources: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the direction and expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 6 contracts

Sources: Indenture (Dime Bancorp Inc), Indenture (Fifth Third Bancorp), Indenture (Fifth Third Capital Trust Iv)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fifteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 6 contracts

Sources: Indenture (Scholastic Corp), Indenture (Scholastic Corp), Indenture (Forest City Enterprises Inc)

Defeasance and Discharge. Upon the CompanyOperating Partnership's exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company Operating Partnership shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Operating Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyOperating Partnership, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the CompanyOperating Partnership's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Operating Partnership may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 6 contracts

Sources: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 1003, 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 6 contracts

Sources: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Marathon Petroleum Corp)

Defeasance and Discharge. Upon the Company's exercise of The Company may, at its option (if any) by Board Resolution, at any time, elect to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section all Outstanding Senior Notes on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called "Defeasance"“defeasance”). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities all Outstanding Senior Notes which shall thereafter be deemed to be Outstanding only for the purposes of Section 1205 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all its other obligations under with respect to such Securities Senior Notes and this Indenture insofar as such Securities are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities Senior Notes to receive, solely from the trust fund described in Section 1304 1202 and as more fully set forth in such Section, payments in respect of the principal of of, and any premium premium, if any, and interest on Interest on, such Securities Senior Notes when such payments are due, (2B) the Company's ’s obligations with respect to such Securities Senior Notes under Sections 304, 305, 306307, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (4D) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such SecuritiesArticle Twelve.

Appears in 5 contracts

Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Twelve shall cease to be effective with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 5 contracts

Sources: Subordinated Indenture (South Financial Group Inc), Subordinated Indenture (Forest Oil Corp), Subordinated Indenture (Newfield Exploration Co /De/)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 12.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the CompanyIssuer's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Issuer may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 12.3 applied to such Securities.

Appears in 5 contracts

Sources: Indenture of Trust (Tortoise North American Energy Corp), Indenture of Trust (Tortoise Energy Capital Corp), Indenture of Trust (Tortoise Energy Infrastructure Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Twelve shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. If the Company exercises its defeasance option pursuant to this Section 1402, the Guarantee will terminate with respect to that series of Securities. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.

Appears in 5 contracts

Sources: Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Subordinated Indenture (Penn Virginia MC CORP)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article 15 shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article 14, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and and (4) this Article. Subject , subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 5 contracts

Sources: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp), Indenture (Solectron Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and written request of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Securityholders to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.03 and 10034.04, (3) the rights, protections, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 5 contracts

Sources: Senior Indenture (Brighthouse Financial, Inc.), Junior Subordinated Indenture (Brighthouse Financial, Inc.), Junior Subordinated Indenture (Brighthouse Financial, Inc.)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (option, if any) , to have this Section 1302 applied to any Securities or any series of Securities, as the case may be, or if this Section 1302 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal of and any premium premium, if any, and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (option, if any) , to have this Section 1302 applied to the Securities of any Securities series notwithstanding the prior exercise of its option (option, if any) , to have Section 1303 applied to such Securities.

Appears in 5 contracts

Sources: Indenture (Apple Inc.), Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Securityholders to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, protections, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 5 contracts

Sources: Subordinated Indenture (Jackson Financial Inc.), Junior Subordinated Indenture (Jackson Financial Inc.), Senior Indenture (SiriusPoint LTD)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any such Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 14.03 applied to such Securities.

Appears in 5 contracts

Sources: Indenture (Bowater Inc), Indenture (Bowater Inc), Indenture (Bowater Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. If the Company exercises its defeasance option pursuant to this Section 1402, the Guarantee will terminate with respect to that series of Securities. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.

Appears in 4 contracts

Sources: Senior Indenture (Penn Virginia Oil & Gas, L.P.), Senior Indenture (Penn Virginia MC CORP), Senior Indenture (Penn Virginia Corp)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: ; (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 4 contracts

Sources: Indenture (Arch Coal Inc), Indenture (Northrop Grumman Corp /De/), Indenture (Allegheny Technologies Inc)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 to have this Section applied to any defease the Outstanding Securities or any series of Securities, as the case may bea particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the applicable conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described provided for in Section 1304 and as more fully set forth in such Section1304, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031007, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) with respect to have Defeasance under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) with respect to have Covenant Defeasance under Section 1303 applied in regard to the Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Oge Energy Capital Trust Ii), Indenture (Oge Energy Capital Trust I), Indenture (Oge Energy Capital Trust Ii)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article 15 shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, and, if applicable, Article 14, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.

Appears in 4 contracts

Sources: Indenture (Cell Genesys Inc), Indenture (NPS Pharmaceuticals Inc), Indenture (Cell Genesys Inc)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 to have this Section applied to any defease the Outstanding Securities or any series of Securities, as the case may bea particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the applicable conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described provided for in Section 1304 and as more fully set forth in such Section1304, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031009, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) with respect to have Defeasance under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) with respect to have Covenant Defeasance under Section 1303 applied in regard to the Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Ingersoll Rand Co), Senior Debt Securities Indenture (KBHC Financing I), Indenture (NSP Financing Ii)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.05, 3053.06, 3063.07, 1002 10.02 and 1003, 10.03; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 4 contracts

Sources: Senior Indenture (Lincoln National Corp), Senior Indenture (Knoll Inc), Senior Indenture (Gsi Commerce Inc)

Defeasance and Discharge. Upon the Company's exercise of its the above option (if any) applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 1303 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1003 and 10031102, (3C) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder under Sections 305, 306, 307, 309, 402, 607, the last paragraph of Section 1003 and Sections 1104 and 1106, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities1302.

Appears in 4 contracts

Sources: Indenture (Teco Energy Inc), Indenture (Tampa Electric Co), Indenture (Teco Energy Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Securityholders to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, protections, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 4 contracts

Sources: Subordinated Indenture (Equitable Holdings, Inc.), Junior Subordinated Indenture (Equitable Holdings, Inc.), Subordinated Indenture (AXA Equitable Holdings, Inc.)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 4 contracts

Sources: Indenture (Newmont Mining Corp /De/), Indenture (M I Homes Inc), Indenture (Newmont Mining Corp /De/)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 4 contracts

Sources: Indenture (Liquid Media Group Ltd.), Indenture (Mercury Finance Co), Indenture (Toro Co)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.05, 3053.06, 3063.07, 1002 10.02 and 1003, 10.03; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 14.03 applied to such Securities.

Appears in 4 contracts

Sources: Subordinated Indenture (Knoll Inc), Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Gsi Commerce Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities or any series of Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1004 and 10031010, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Senior Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (Intercontinental Exchange, Inc.)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1201 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.

Appears in 3 contracts

Sources: Indenture (Nextlink Communications Inc / De), Indenture (Brooks Fiber Properties Inc), Indenture (Nextlink Communications LLC)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Staples Inc), Indenture (State Street Capital Trust Ii), Indenture (State Street Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Hp Inc), Indenture (Hewlett Packard Enterprise Co), Indenture (Hp Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's ’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 1003, 10.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its the option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: ; (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.), Indenture (Danaher Corp /De/)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1201 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to and (ii) the Subsidiary Guarantors shall each be released from their respective Subsidiary Guarantees, except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.

Appears in 3 contracts

Sources: Indenture (Universal Brixius Inc), Indenture (Poindexter J B & Co Inc), Indenture (Poindexter J B & Co Inc)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest interest, if any, on such Securities when payments are due, (2) the CompanyIssuer's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Issuer may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Gtrans LLC), Indenture (Electric Generation LLC), Indenture (Etrans LLC)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Arizona Public Service Co), Indenture (Ugly Duckling Corp), Indenture (Ugly Duckling Corp)

Defeasance and Discharge. Upon the The Company's exercise of , at its option (if any) to have this Section applied to any Securities or any series of Securitiesoption, as the case may be, the Company shall ------------------------ be deemed to have been discharged from its obligations with respect to such the Securities as provided in this Section of or within a series on and after the date the conditions set forth in Section 1304 4.6 are satisfied (hereinafter called "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities which shall thereafter be deemed to be "Outstanding" only for the purposes this Article 4, and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), subject to except the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund funds described in Section 1304 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on such Securities when such payments are due, ; (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3b) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (4c) this ArticleArticle 4. Subject to compliance with this ArticleArticle 4, the Company may exercise its option (if any) to have under this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied 4.5 with respect to such Securities.

Appears in 3 contracts

Sources: Indenture (St Paul Bancorp Inc), Indenture (Farmland Industries Inc), Indenture (St Paul Bancorp Inc)

Defeasance and Discharge. Upon the Company's exercise election to effect a defeasance with respect to the Securities of its option (if any) a series pursuant to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied with respect to the Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Alco Standard Corp), Indenture (Ikon Office Solutions Inc), Indenture (Alco Capital Resource Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.5 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 12.5 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's ’s obligations with respect to such Securities under Sections 304Section 3.4, 305Section 3.5, 306Section 3.6, 1002 Section 3.11 and 1003, Section 3.12, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 12.4 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fifteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Hewlett Packard Enterprise Co), Indenture (Epicor Software Corp), Indenture (Brocade Communications Systems Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper such instruments as may be reasonably requested by the Company acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204(l) are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the CompanyIssuer's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Issuer may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.

Appears in 3 contracts

Sources: Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 302, 303, 304, 305, 306, 1002 and 10031003 and with respect to the Trustee, including but not limited to those under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Anthem, Inc.), Indenture (Anthem, Inc.), Indenture (Wellpoint, Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 3 contracts

Sources: Subordinated Indenture (Fisher Scientific International Inc), Subordinated Indenture (Hartford Financial Services Group Inc/De), Junior Subordinated Indenture (Fisher Scientific International Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Meta Financial Group Inc), Indenture Agreement (Finjan Holdings, Inc.), Indenture (Meta Financial Group Inc)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 to have this Section applied to any defease the Outstanding Securities of a particular series or any series of Securities, as the case may beTranche, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series or Tranche on and after the date the applicable conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "DefeasanceDEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series or Tranche and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series or Tranche to receive, solely from the trust fund described provided for in Section 1304 and as more fully set forth in such Section1304, payments in respect of the principal of (and any premium premium, if any) and interest interest, if any, on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031008, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) with respect to have Defeasance under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) with respect to have Covenant Defeasance under Section 1303 applied in regard to the Securities of such Securitiesseries or Tranche.

Appears in 3 contracts

Sources: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of the Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such the Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Securities and to have satisfied all its other obligations under such the Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such the Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any the Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such the Securities.

Appears in 3 contracts

Sources: Indenture (Allegheny Energy Supply Co LLC), Indenture (Exelon Generation Co LLC), Indenture (Allegheny Energy Supply Co LLC)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities obligations, as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1503 applied to such Securities.

Appears in 3 contracts

Sources: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such SectionSection 13.05, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 3 contracts

Sources: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc), Indenture (Rosetta Stone Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations and the provisions of Articles Twelve and Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1503 applied to such Securities.

Appears in 3 contracts

Sources: Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (option, if any) , to have this Section 1302 applied to any Securities or any series of Securities, as the case may beor if this Section 1302 shall otherwise apply to any Securities or any series of Securities, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, on demand of the Company accompanied by an Officer’s Certificate and an Opinion of Counsel and at the cost and expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal of and any premium premium, if any, and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (option, if any) , to have this Section 1302 applied to the Securities of any Securities series notwithstanding the prior exercise of its option (option, if any) , to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions 100 set forth in Section 1304 12.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 12.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option (if any) to have Section 1303 12.3 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Group Maintenance America Corp), Indenture (Group Maintenance America Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, ; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities. Upon the Company’s exercise of its Defeasance option, the Subsidiary Guarantees in effect at such time shall terminate.

Appears in 2 contracts

Sources: Senior Indenture (EAM Corp), Senior Indenture (Domtar Paper Company, LLC)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section Section, and the provisions of Article Eleven shall cease to be effective, on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, , (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this ArticleArticle Fourteen. Subject to compliance with this ArticleArticle Fourteen, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Ormat Technologies, Inc.), Indenture (Ipc Holdings LTD)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.

Appears in 2 contracts

Sources: Senior Indenture (Hartford Financial Services Group Inc/De), Senior Indenture (Fisher Scientific International Inc)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1101 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1104 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Eleven. Subject to compliance with this ArticleArticle Eleven, the Company may exercise its option (if any) to have under this Section applied to any Securities 1102 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1103.

Appears in 2 contracts

Sources: Indenture (Dover Corp), Indenture (Georgia Gulf Corp /De/)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and, if applicable, the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, Trustee shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, (4) the conversion rights, if any, of Holders of Outstanding Securities of such series and the Company's obligations, if any, with respect thereto under Article Fifteen and (45) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (TPG Nv), Indenture (Aegon Funding Corp)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, each of the Company and the Guarantor shall be deemed to have been discharged from its respective obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and that each of the Company and the Guarantor shall be deemed to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 707, 1102 and 10031103, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1503 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Mellon Financial Corp), Indenture (Mellon Financial Corp)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.

Appears in 2 contracts

Sources: Indenture, Indenture (Phoenix Companies Inc/De)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Subordinated Indenture (Phoenix Companies Inc/De), Subordinated Indenture (Phoenix Companies Inc/De)

Defeasance and Discharge. Upon the Company's Issuers’ exercise of its their option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's Issuers’ obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Issuers may exercise its their option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its their option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 2 contracts

Sources: Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Senior Debt Indenture (Jefferies Group Capital Finance Inc.)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may beNotes, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to such Securities Notes as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities Notes and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Notes to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities Notes when payments are due, (2) the Company's obligations with respect to such Securities Notes under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities Notes notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such SecuritiesNotes.

Appears in 2 contracts

Sources: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section of the series created by the Fifteenth Supplemental Indenture on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of this series and to have satisfied all its other obligations under such Securities of this series and this Indenture insofar as such Securities of this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Outstanding Securities of this series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities securities when such payments are due, (2B) the Company's obligations with respect to such Securities of this series under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1303.

Appears in 2 contracts

Sources: Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Twelve shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter herein called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1503 applied to such Securities.

Appears in 2 contracts

Sources: Subordinated Indenture (Cumberland Pharmaceuticals Inc), Subordinated Indenture (Evolution Petroleum Corp)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities Notes or the Notes of any series, or any series of SecuritiesTranche thereof, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities Notes as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities Notes and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Notes to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities Notes when payments are due, (2) the Company's obligations with respect to such Securities Notes under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03 and with respect to the Trustee under Section 6.07, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities Notes notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such SecuritiesNotes.

Appears in 2 contracts

Sources: Indenture (Texas New Mexico Power Co), Indenture (Public Service Co of New Mexico)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (RadNet, Inc.), Indenture (RadNet, Inc.)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on and any Additional Amounts with respect to such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) the provisions of this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Senior Indenture (Everest Re Capital Trust Iii), Senior Indenture (Everest Re Group LTD)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Gogo Inc.), Indenture (Gogo Inc.)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 11.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 11.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2) the Company's obligations with respect to such Securities under Sections 3042.07, 3052.08, 3062.11, 1002 4.02 and 10034.07, and, if applicable, Article 12, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 11.03 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, , (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, and, if applicable, Article 14, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (SVB Financial Group), Indenture (SVB Financial Group)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, due (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Alexanders Inc), Indenture (Alexanders Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article 15 shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, ; (2) the Company's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, and, if applicable, Article 14; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder; and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Black Hills Corp /Sd/), Indenture (Black Hills Holding Corp)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section the Outstanding Notes, and the provisions of Article Eleven and Twelve hereof shall cease to be effective, on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities the Outstanding Notes and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities Notes to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities Notes when such payments are due, (2B) the Company's obligations with respect to such Securities Notes under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1303.

Appears in 2 contracts

Sources: Indenture (Loews Cineplex Entertainment Corp), Indenture (Loews Cineplex Entertainment Corp)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XI shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, ; (2) the Company's obligations with respect to such Securities under Sections 3042.07, 3052.08, 3062.11, 1002 4.03 and 10034.04, and, if applicable, Article XII; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder; and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section of any series (other than any convertible series) on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of the Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on the Securities of such Securities series when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1003 and 10031004, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1303.

Appears in 2 contracts

Sources: Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Indenture (Newfield Financial Trust Ii)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen and Article Sixteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1304(1) are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Subordinated Debt Indenture (Key3media Events Inc), Subordinated Debt Indenture (Key3media Group Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (Capstone Capital Corp), Indenture (Healthcare Realty Trust Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee, including but not limited to those under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Agency Agreement (Zimmer Biomet Holdings, Inc.), Agency Agreement (Zimmer Biomet Holdings, Inc.)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 to have this Section applied to any defease the Outstanding Securities or any series of Securities, as the case may bea particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the applicable conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described provided for in Section 1304 and as more fully set forth in such Section1304, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1001, 1002 and 10031008, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) with respect to have Defeasance under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) with respect to have Covenant Defeasance under Section 1303 applied in regard to the Securities of such Securitiesseries.

Appears in 2 contracts

Sources: Indenture (Kennametal Inc), Indenture (Kennametal Financing I)

Defeasance and Discharge. Upon the Company's ’s exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied 1302 with respect to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee, including but not limited to those under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1303.

Appears in 2 contracts

Sources: Indenture (Life Technologies Corp), Indenture (Watson Pharmaceuticals Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities (and all obligations of any Guarantors with respect to any Guarantees shall be discharged) as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (M/I Homes of Grandview Yard, LLC), Indenture (M/I Homes of Grandview Yard, LLC)

Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section of the series created by the Thirteenth Supplemental Indenture on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of this series and to have satisfied all its other obligations under such Securities of this series and this Indenture insofar as such Securities of this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Outstanding Securities of this series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities securities when such payments are due, (2B) the Company's obligations with respect to such Securities of this series under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1303.

Appears in 2 contracts

Sources: Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section 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, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "DefeasanceDEFEASANCE"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to the Securities of any Securities series notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.

Appears in 2 contracts

Sources: Indenture (American International Group Inc), Indenture (Aig Capital Trust I)