Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 7 contracts
Sources: Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.), Indenture (Acreage Holdings, Inc.)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including, without limitation, Section 606, the last sentence of Section 1005, and the penultimate paragraph of Section 1405 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 6 contracts
Sources: Indenture (Boston Scientific Corp), Indenture (BSC Capital Trust Iii), Indenture (Boston Scientific Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1010 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including, without limitation, Section 606 and the penultimate paragraph of Section 1405 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 6 contracts
Sources: Indenture (Lifevantage Corp), Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 6 contracts
Sources: Indenture (New Pacific Metals Corp), Indenture (IM Cannabis Corp.), Indenture (Energy Fuels Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 6 contracts
Sources: Senior Indenture (Complete Management Inc), Indenture (CCC Capital Trust Ii), Senior Indenture (Sci Systems Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect 1602 applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to be discharged from its obligations with respect to such Securities as provided in this Section 1602 on and any related coupons on after the date the conditions set forth in Section 14.04 1604 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company and any Subsidiary Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Subsidiary Guarantees and to have satisfied all of its other obligations under such Securities and any related coupons Subsidiary Guarantees and this Indenture insofar as such Securities and any related coupons Subsidiary Guarantees are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1604 and as more fully set forth in such SectionSection 1606, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s and any Subsidiary Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenSixteen. Subject to compliance with this Article FourteenSixteen, the Company may exercise its option under (if any) to have this Section 14.02 1602 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1603 applied to such Securities and any related couponsSecurities.
Appears in 6 contracts
Sources: Subordinated Indenture (American Italian Pasta Co), Subordinated Indenture (Bay Valley Foods, LLC), Subordinated Indenture (Lear Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to such Securities and any related coupons.
Appears in 5 contracts
Sources: Indenture (Profound Medical Corp.), Indenture (Triple Flag Precious Metals Corp.), Indenture (Profound Medical Corp.)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "DEFEASANCE"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 5 contracts
Sources: Junior Subordinated Debt Indenture (Aig Capital Trust I), Subordinated Debt Indenture (Aig Capital Trust I), Junior Subordinated Debt Indenture (American International Group Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable provided in Section 5.01 to have this Section 14.02 with respect 5.02 applied to any the Outstanding Securities of or within a seriesany Defeasible Series and subject to the proviso to Section 5.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series as provided in this Section 5.02 on and any related coupons on after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under the Securities of such Securities and any related coupons series and this Indenture insofar as the Securities of such Securities and any related coupons series are concerned (and the TrusteesTrustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), except for subject to the following which shall will survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons of such series when such payments are due, (Bb) the Company’s 's obligations with respect to the Securities of such Securities series under Sections 3.052.05, 3.062.06, 10.02 2.07, 6.02, 6.03, and 10.0310.06, (Cc) the rights, powers, trusts, duties duties, and immunities of the Trustees hereunder Trustee hereunder, and (Dd) this Article Fourteen. V. Subject to compliance with this Article FourteenV, the Company may exercise its option under provided in Section 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option under provided in Section 14.03 with respect 5.01 to have Section 5.03 applied to the Outstanding Securities of such Securities and any related couponsseries.
Appears in 5 contracts
Sources: Indenture (Dow Corning Corp), Indenture (Louisiana Pacific Corp), Indenture (Louisiana Pacific Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsSecurities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related couponsSecurities.
Appears in 5 contracts
Sources: Indenture (Eldorado Gold Corp /Fi), Indenture (Curaleaf Holdings, Inc.), Indenture (Eldorado Gold Corp /Fi)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.2, the Company and any other obligor on the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.4 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company and any other obligor on the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.5 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.053.4, 3.063.5, 10.02 3.8, 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.7, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.2 notwithstanding the prior exercise of its option under Section 14.03 4.3 with respect to such Securities and any related couponsthe Securities.
Appears in 4 contracts
Sources: Indenture (Bally Total Fitness Holding Corp), Indenture (Di Giorgio Corp), Indenture (Bally Total Fitness Holding Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 4 contracts
Sources: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc), Indenture (Schering Plough Corp)
Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Corporation’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related couponsSecurities.
Appears in 4 contracts
Sources: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Encana Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable its option, if any, to have this Section 14.02 with respect 1302 applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section 1302 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal ofof and premium, premium (if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05Section 304, 3.06Section 305, 10.02 Section 306, Section 1003, Section 1004, Section 1005 and 10.03the Company’s obligations to the Trustee under Section 607, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenXIII. Subject to compliance with this Article FourteenXIII, the Company may exercise its option under option, if any, to have this Section 14.02 1302 applied to the Securities of any series notwithstanding the prior exercise of its option under option, if any, to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 4 contracts
Sources: Indenture (AppLovin Corp), Indenture (Marvell Technology Group LTD), Indenture (Marvell Technology Group LTD)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable provided in Section 5.01 to have this Section 14.02 with respect 5.02 applied to any the Outstanding Securities of or within a seriesany Defeasible Series and subject to the proviso to Section 5.01, the Company shall and the Guarantor will be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such Securities series as provided in this Section 5.02 on and any related coupons on after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under the Securities of such Securities and any related coupons series and this Indenture insofar as the Securities of such Securities and any related coupons series are concerned (and the TrusteesTrustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), except for subject to the following which shall will survive until otherwise terminated or discharged hereunder: :
(Aa) the rights of Holders of Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons of such series when such payments are due, ;
(Bb) the Company’s obligations with respect to the Securities of such Securities series under Sections 3.052.05, 3.062.06, 10.02 2.07, 6.02, 6.03, and 10.03, 10.06;
(Cc) the rights, powers, trusts, duties duties, and immunities of the Trustees hereunder and Trustee hereunder; and
(Dd) this Article Fourteen. V. Subject to compliance with this Article FourteenV, the Company may exercise its option under provided in Section 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option under provided in Section 14.03 with respect 5.01 to have Section 5.03 applied to the Outstanding Securities of such Securities and any related couponsseries.
Appears in 3 contracts
Sources: Indenture (Macy's, Inc.), Indenture (Macy's Retail Holdings Inc), Indenture (Federated Retail Holdings Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05Section 3.4, 3.06Section 3.5, 10.02 Section 3.6, Section 10.2 and 10.03Section 10.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.5, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.
Appears in 3 contracts
Sources: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Securities under Sections 3.05Section 2.07, 3.06Section 2.08, 10.02 Section 2.09, Section 4.02 and 10.03Section 4.03 and such obligations as shall be ancillary thereto, (Cc) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees hereunder Trustee hereunder, and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 3 contracts
Sources: Subordinated Indenture (Howard Bancorp Inc), Subordinated Indenture (Howard Bancorp Inc), Senior Indenture (Howard Bancorp Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company and any other obligor upon the Securities shall be deemed to have paid and discharged the entire indebtedness Debt represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 3 contracts
Sources: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any the Outstanding Securities of or within a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series (except for certain obligations to register the transfer or exchange of Securities of such series, to replace stolen, lost or mutilated Securities of such series, and any related coupons to maintain paying agencies) on and after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, Section 6.07, 10.02 and 10.0310.03 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenARTICLE XIV. Subject to compliance with this Article FourteenARTICLE XIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to the Securities of such Securities and any related couponsseries.
Appears in 3 contracts
Sources: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)
Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 12.4 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer upon Issuer Request, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 12.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the CompanyIssuer’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and its obligations to the Trustee under Sections 6.7 and 12.5, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company Issuer may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 12.3 applied to such Securities and any related couponsSecurities.
Appears in 3 contracts
Sources: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)
Defeasance and Discharge. Upon the Company’s exercise by the Company of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any related coupons, respectively, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.5 and the other Sections provisions of this Indenture referred to in (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any related coupons coupons, respectively, and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s and the Trustee’s obligations with respect to such Securities under Sections 3.05Section 1.13, 3.06Section 1.14, 10.02 Section 3.4, Section 3.5, Section 3.6, Section 9.2 and 10.03Section 9.3 (and any applicable provisions of Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 14.02 13.2 notwithstanding the prior exercise of its the option under Section 14.03 13.3 with respect to such Securities and any related coupons.
Appears in 3 contracts
Sources: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons (i) to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 3 contracts
Sources: Indenture (Cendant Corp), Indenture (Cendant Corp), Indenture (Cendant Corp)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations Obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations 's Obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 3 contracts
Sources: Indenture (Golden Sky Systems Inc), Indenture (Golden Sky DBS Inc), Indenture (Golden Sky Systems Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 3 contracts
Sources: Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 3 contracts
Sources: Indenture (Zymeworks Inc.), Indenture (Zymeworks Inc.), Indenture (Pretium Resources Inc.)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 3 contracts
Sources: Indenture (Encana Corp), Indenture (Encana Corp), Indenture (Encana Corp)
Defeasance and Discharge. Upon the Company’s exercise under Section 12.01 of the above option applicable to this Section 14.02 12.02 with respect to any the Securities of or within a any series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to all Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related couponsseries, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal of, premium (if any) of and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 3.07 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and Trustee hereunder, (D) this Article FourteenXII and (E) the Company’s obligation to pay Additional Amounts under Section 10.04. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to the Securities of such Securities and any related couponsseries.
Appears in 2 contracts
Sources: Indenture (Amvescap PLC/London/), Indenture (INVESCO North American Holdings, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee and the Securities Administrator, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees Trustee and the Securities Administrator hereunder and (Dd) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (OM Asset Management PLC), Indenture (OM Asset Management PLC)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable its right to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, (i) payments in respect of the principal of, of and any premium (if any) and interest (if any) on the Outstanding Securities on the Stated Maturity of such Securities principal or installment of principal of and any related coupons when premium or interest and (ii) the benefit of any mandatory sinking fund payments applicable to the Securities on the day on which such payments are duedue and payable in accordance with the terms of this Indenture and the Securities, (Bb) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (Dd) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under to have Section 14.03 with respect 13.03 applied to such Securities and any related couponssecurities.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 15.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 15.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 15.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 11.02 and 10.0311.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 11.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 15.03 with respect to such Securities and any related coupons.
Appears in 2 contracts
Sources: Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.8 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including Section 6.6 and the penultimate paragraph of Section 14.5 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s exercise In addition to discharge of the above option applicable Indenture pursuant to this Section 14.02 with respect to any Securities of or within a series401, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by on all the Securities of such Securities and any related coupons, which shall thereafter be deemed a series on the date of the deposit referred to be “Outstanding” only for the purposes in Clause (1) of Section 14.05 1304, and the other Sections provisions of this Indenture referred with respect to the Securities of such series shall no longer be in effect, (A) and except as to (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are duedue (other than by acceleration), (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and (C3) the rights, powers, trusts, obligations, duties and immunities of the Trustees hereunder Trustee hereunder), and the Trustee, at the expense of the Company, upon a Company Request, shall execute proper instruments acknowledging the same, if the applicable conditions set forth in Section 1304 are satisfied (D"Defeasance"). For this purpose, such Defeasance means that the Company (and any other obligor of the Securities of such series) shall be deemed to have paid and discharged the entire indebtedness represented by the Securities of such series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1305 and the rights and obligations referred to in Clauses (1) through (3) (inclusive) of this Article FourteenSection 1302, and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 applied to any applicable series of Securities or any Securities of such series, as the case may be, the Company and the Guarantors (with respect to any Securities of or within a series, the Company Guaranteed Securities) shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantors (with respect to Guaranteed Securities) shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities and the Guarantors' obligations with respect to Guaranteed Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenThirteen. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 1302 applied to any applicable Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (SSL South, LLC), Indenture (SSL South, LLC)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable to have this Section 14.02 with respect applied to any series of Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series, and any related coupons the provisions of Article Thirteen hereof shall cease to be effective, on and after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by and obligations under the Outstanding Securities of such Securities and any related coupons, series which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1504 as more fully set forth in such Section, payments in respect of the principal ofof 92 (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, and (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.03, (C) the rights, powers, trusts, duties 1003 and immunities of the Trustees hereunder and (D) this Article Fourteensuch obligations as shall be ancillary thereto. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to the Securities of such series. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.
Appears in 2 contracts
Sources: Indenture (Eg&g Inc), Indenture (Eg&g Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities, any tranche of Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities, any tranche of Securities or any series of Securities, as the case may be, each of the Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons the Guarantee applicable thereto, as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (Nomura America Finance, LLC), Indenture (Nomura America Finance, LLC)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.. 103
Appears in 2 contracts
Sources: Indenture (CSC Holdings Inc), Indenture (Cablevision Systems Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections Section 3.04, Section 3.05, Section 3.06, Section 10.02 and Section 10.03, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series, notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital Strategies LTD)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company and the Guarantor, if applicable, shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons under the Guarantee in respect thereof as provided in this Section on and after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantor, if applicable, shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for under the purposes of Section 14.05 and the other Sections of this Indenture referred to Guarantee in (A) and (B) below, respect thereof and to have satisfied all of its other obligations under such Securities and any related coupons Securities, such Guarantee and this Indenture insofar as such Securities and any related coupons the Guarantee in respect thereof are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany or the Guarantor, if applicable, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's and, if applicable, the Guarantor's, obligations with respect to such Securities under Sections 3.053.6, 3.063.7, 10.02 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Dd) the provisions of this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to the Securities of such Securities and any related couponsseries.
Appears in 2 contracts
Sources: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 12.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series12.02, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to such all Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Outstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal of, premium (if any) of and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 3.08 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and Trustee hereunder, (D) this Article FourteenXII and (E) the Company's obligation to pay Additional Amounts under Section 10.04. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to such Securities and any related couponsthe Securities.
Appears in 2 contracts
Sources: Indenture (Amvescap PLC/London/), Indenture (Amvescap PLC/London/)
Defeasance and Discharge. Upon the Company’s exercise under Section 12.01 of the above option applicable to this Section 14.02 12.02 with respect to any the Securities of or within a any series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to all Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related couponsseries, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal of, premium (if any) of and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 3.07 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (D) this Article FourteenXII. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to the Securities of such Securities and any related couponsseries.
Appears in 2 contracts
Sources: Indenture (IVZ Inc), Indenture (IVZ Inc)
Defeasance and Discharge. Upon the Company’s exercise by the Company of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which that shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 10.02, 10.03, with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, and 10.03with respect to the Trustee under Section 6.06 and the Authenticating Agent under Section 6.11, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its the option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 2 contracts
Sources: Indenture (Four Seasons Hotels Inc), Indenture (Four Seasons Hotels Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable its option, if any, to have this Section 14.02 with respect 13.2 applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section 13.2 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 13.2 on and any related coupons on after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company (or the Guarantor) shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such SectionSection 13.5, payments in respect of the principal ofof and premium, premium (if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05Section 3.4, 3.06Section 3.5, 10.02 Section 3.6, Section 10.2 and 10.03Section 10.3, (C3) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including the Company’s obligations under Section 6.7 and (D4) this Article FourteenXIII. Subject to compliance with this Article FourteenXIII, the Company may exercise its option under option, if any, to have this Section 14.02 13.2 applied to the Securities of any series notwithstanding the prior exercise of its option under option, if any, to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (Chevron Corp), Indenture (Chevron Usa Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 11.1 hereof of the above option applicable to this Section 14.02 with respect to any Securities of or within a series11.2, the Company shall be deemed to have been discharged from its obligations with respect to such all Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 11.4 hereof are satisfied (hereinafter, “"legal defeasance”"). For this purpose, such legal defeasance means that the Company and the Subsidiary Guarantors shall be deemed (a) to have paid and discharged their respective obligations under the entire indebtedness represented by such Outstanding Securities; provided, however, that the Securities and any related coupons, which shall thereafter continue to be deemed to be “"Outstanding” only " for the purposes of Section 14.05 11.5 hereof and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and (b) to have satisfied all of its their other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 11.4 hereof and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are duedue (or at such time as the Securities would be subject to redemption at the option of the Company in accordance with this Indenture), (Bii) the Company’s respective obligations with respect to such Securities of the Company and any Subsidiary Guarantors under Sections 3.052.4, 3.062.5, 10.02 2.6, 2.7, 2.8, 2.9, 4.8, 5.6, 5.9, 5.10, 9.1, 9.2, 9.3, 9.4, 12.1 (to the extent it relates to the foregoing Sections and 10.03Article XI hereof), 12.4 and 12.5 hereof, (Ciii) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (Div) the obligations of the Company and any Subsidiary Guarantors under this Article FourteenXI. Subject to compliance with this Article FourteenXI, the Company may exercise its option under this Section 14.02 11.2 notwithstanding the prior exercise of its option under Section 14.03 11.3 hereof with respect to such Securities and any related couponsthe Securities.
Appears in 2 contracts
Sources: Indenture (Pogo Producing Co), Indenture (Pogo Producing Co)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and, if the Securities of such series are subordinated to any other obligations of the Company as contemplated by Section 3.1(s), provisions with respect to the subordination of such Securities shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bii) the Company’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, (Ciii) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Div) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities or any series of Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (Interoil Corp), Indenture (Interoil Corp)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 11.1 hereof of the above option applicable to this Section 14.02 with respect to any Securities of or within a series11.2, the Company shall be deemed to have been discharged from its obligations with respect to such all Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 11.4 hereof are satisfied (hereinafter, “"legal defeasance”"). For this purpose, such legal defeasance means that the Company and the Subsidiary Guarantors shall be deemed (a) to have paid and discharged their respective obligations under the entire indebtedness represented by such Outstanding Securities; provided, however that the Securities and any related coupons, which shall thereafter continue to be deemed to be “"Outstanding” only " for the purposes of Section 14.05 11.5 hereof and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and (b) to have satisfied all of its their other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 11.4 hereof and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are duedue (or at such time as the Securities would be subject to redemption at the option of the Company in accordance with this Indenture), (Bii) the Company’s respective obligations with respect to such Securities of the Company and any Subsidiary Guarantors under Sections 3.052.4, 3.062.5, 10.02 2.6, 2.7, 2.8, 2.9, 4.8, 4.14, 5.6, 5.9, 5.10, 9.1, 9.2, 9.3, 9.4, 12.1 (to the extent it relates to the foregoing Sections and 10.03Article XI hereof), 12.4 and 12.5 hereof, (Ciii) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (Div) the obligations of the Company and any Subsidiary Guarantors under this Article FourteenXI. Subject to compliance with this Article FourteenXI, the Company may exercise its option under this Section 14.02 11.2 notwithstanding the prior exercise of its option under Section 14.03 11.3 hereof with respect to such Securities and any related couponsthe Securities.
Appears in 2 contracts
Sources: Indenture (Cross Timbers Oil Co), Indenture (Petsec Energy Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related coupons.
Appears in 2 contracts
Sources: Indenture (Cablevision Systems Corp), Indenture (CCC Capital Trust Ii)
Defeasance and Discharge. Upon the Company’s exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company Company, each Guarantor and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.04 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Company, each Guarantor, if any, and any other obligor under this Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee’s rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 2 contracts
Sources: Indenture (Power Solutions International, Inc.), Indenture (Spartan Stores Inc)
Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in clauses (A), (B) and (BC) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 603, 615, 1002, 1003 and 10.031009, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s 's exercise ------------------------ of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1010, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Sources: Indenture (United Technologies Corp /De/), Indenture (United Technologies Corp /De/)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Sources: Indenture (Encana Corp), Indenture (Thomson Reuters Corp /Can/)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons (i) to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.063.07, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 2 contracts
Sources: Indenture (Hughes Electronics Corp), Indenture (Estee Lauder Companies Inc)
Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 10.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 10.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s Issuer's obligations with respect to such Securities under Sections 3.052.8, 3.062.9, 10.02 2.11, 3.2 and 10.033.4, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Dd) this Article FourteenArticle; and (e) any payment obligations in respect of Securities of such series and any related coupons which are deemed not to be Outstanding under clause (c) of the definition thereof if such obligations continue to be valid obligations of the Company under applicable law. Subject to compliance with this Article FourteenArticle, the Company Issuer may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 10.3 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (General Mills Inc), Indenture (General Mills Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its their respective other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Order, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) ), and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s and Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002, 1003 and 10.03Article Fourteen and with respect to the Trustee under Section 606, (C) the rights, powers, trusts, duties duties, and immunities of the Trustees Trustee hereunder including pursuant to Section 606 hereof and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligations under Section 607 and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Sources: Indenture (Husky Energy Inc), Indenture (Husky Energy Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSecurities, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any related coupons on after the date the conditions set forth in Section 14.04 1104 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1105 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1104 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05207, 3.06209, 10.02 902 and 10.03903, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 1103 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.
Appears in 2 contracts
Sources: Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)
Defeasance and Discharge. Upon the Company’s Bank's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company Bank shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company Bank shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyBank, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s Bank's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company Bank may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Sources: Indenture (Royal Bank of Canada \), Indenture (Royal Bank of Canada \)
Defeasance and Discharge. Upon the CompanyIssuer’s exercise under Section 13.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series13.2, the Company Issuer (and, as applicable, any Guarantors) shall be deemed to have been discharged from its obligations with respect to all Outstanding Debt Securities of such Securities and any related coupons one or more Series on the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Debt Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Outstanding Debt Securities and any related coupons and this Indenture insofar as such Outstanding Debt Securities and any related coupons are concerned (and the TrusteesIndenture Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Debt Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Outstanding Debt Securities and any related coupons when such payments are due, (B) the CompanyIssuer’s obligations with respect to such Outstanding Debt Securities under Sections 3.052.5, 3.062.12, 10.02 2.15, 5.1(b) and 10.035.1(c), (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder Indenture Trustee hereunder, and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenSection 13.2, the Company Issuer may exercise its option applicable under this Section 14.02 13.2 notwithstanding the prior exercise of its option applicable under Section 14.03 with respect 13.3.” (2) Section 13.3 of the Indenture is hereby amended as follows (underlined text in bold indicates language that is added to such Securities and any related coupons.the Indenture):
Appears in 1 contract
Sources: Third Supplemental Indenture (Rogers Communications Inc)
Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the above option provided in Section 1301 applicable to this Section 14.02 with respect applied to any Securities of or within a seriesSecurities, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the CompanyIssuer’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 307, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company Issuer may exercise its option under (if any) to have this Section 14.02 1302 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Regency Centers Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such series of Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsseries of Outstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 307, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1008, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Atmos Energy Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons. Money and securities held in trust pursuant to this Section 1402 shall not be subject to Article Sixteen.
Appears in 1 contract
Sources: Indenture (Hub International LTD)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to its Subsidiary Guarantee of such Securities Securities, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, herein called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments reasonably requested by the Company acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s and each Subsidiary Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and, if applicable, their obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1503 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 307, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1008, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Oneok Inc /New/)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (and Additional Interest, if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002, 1003 and 10.031009 and with respect to the payment of additional amounts, if any, if provided for pursuant to Section 301, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Nova Chemicals Corp /New)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and, if the Securities of such series are subordinated to any other obligations of the Company as contemplated by Section 301(19), provisions with respect to the subordination of such Securities shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities or any series of Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Defeasance and Discharge. Upon the The Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company at its option, shall be deemed to have been discharged from its obligations with respect to such the Securities of or within a series on and any related coupons on after the date the conditions set forth in Section 14.04 4.6 are satisfied (hereinafter, “hereinafter "defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) belowArticle 4, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (Cb) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Dc) this Article Fourteen4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 4.5 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Farmland Industries Inc)
Defeasance and Discharge. 66- Upon the Company’s 's exercise of the above its option applicable to have this Section 14.02 with respect applied to any Securities of or within a seriesthe Securities, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under to have Section 14.03 with respect 1203 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Scholastic Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05Section 304, 3.06Section 305, 10.02 Section 306, Section 1002 and 10.03Section 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s exercise by the Corporation of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons Securities, and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s Corporation's obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2, 10.3 and 10.0310.5 and the Corporation's rights pursuant to Section 11.8, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its the option under Section 14.03 14.3 with respect to such Securities and any related couponsCoupons.
Appears in 1 contract
Sources: Indenture (Transalta Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1104 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1104 and as more fully set forth in such Section, payments in respect of the principal of, and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002, 1003 and 10.031208, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1103 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Quaker State Corp)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 1201 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series1202, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its their obligations with respect to such all Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Outstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1205 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 308, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenTwelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section 14.02 1202 notwithstanding the prior exercise of its option under Section 14.03 1203 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Sources: Indenture (Breed Technologies Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) on , on, such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (Encana Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company and the Parent Guarantor shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany or the Parent Guarantor, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1304 as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s and the Parent Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, as applicable, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such Securities and any related couponsseries.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s exercise by the Company of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, respectively, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.5 and the other Sections provisions of this Indenture referred to in (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any related coupons coupons, respectively, and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s and the Trustee’s obligations with respect to such Securities under Sections 3.05Section 1.13, 3.06Section 1.14, 10.02 Section 3.4, Section 3.5, Section 3.6, Section 9.2 and 10.03Section 9.3 (and any applicable provisions of Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 14.02 13.2 notwithstanding the prior exercise of its the option under Section 14.03 13.3 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (VIQ Solutions Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the The Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities and of any related coupons series to which this Section 1202 applies on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, “"defeasance”)") with respect to such Securities. For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments in form satisfactory to the Company and the Trustee acknowledging the same), except for the following obligations, which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenTwelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option defease Securities under this Section 14.02 1202 notwithstanding the prior exercise covenant defeasance of its option such Securities under Section 14.03 with respect to such Securities and any related coupons1203.
Appears in 1 contract
Sources: Indenture (Heritage Media Corp)
Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Corporation’s obligation under Section 6.07 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Ovintiv Inc.)
Defeasance and Discharge. Upon the Company’s exercise under Section 4.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.2, the Company and any other obligor on the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.4 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company and any other obligor on the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 4.5 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on Cash Interest on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s obligations with respect to such Defeased Securities under Sections 3.053.4, 3.063.5, 10.02 3.8, 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee’s rights under Section 6.7, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.2 notwithstanding the prior exercise of its option under Section 14.03 4.3 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.4, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenXIV. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (Ibp Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (Encana Corp)
Defeasance and Discharge. Upon the Company’s Corporation's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” Outstanding only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s Corporation's obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company Corporation may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (IESI-BFC LTD)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 13.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (Celestica Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities 107 and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (CSC Holdings Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on and any premium on, such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and the Company’s obligations in connection therewith (including, but not limited to, Section 6.07), (d) the rights, if any, to convert or exchange the Securities of such series and (De) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Indenture (Rex Energy I, LLC)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesNotes, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such Securities and any related coupons the Outstanding Notes on the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Outstanding Notes and to have satisfied all of its their respective other obligations under such Securities and any related coupons Notes and this Indenture insofar as such Securities and any related coupons Notes are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Order, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons Outstanding Notes to receive, solely from the trust fund described in Section 14.04 12.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) ), and interest (if any) on such Securities and any related coupons Notes when such payments are due, (B) the Company’s and Guarantor’s obligations with respect to such Securities Notes under Sections 3.04, 3.05, 3.06, 10.02 10.02, 10.03 and 10.03Article Thirteen and with respect to the Trustee under Section 6.06, (C) the rights, powers, trusts, duties duties, and immunities of the Trustees Trustee hereunder including pursuant to Section 6.06 hereof and (D) this Article FourteenTwelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section 14.02 12.02 notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to such Securities and any related couponsNotes.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s Issuers’ exercise of the above option applicable to this Section 14.02 with respect to any Securities Notes of or within a seriesSeries, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to such Securities Outstanding Notes and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by such Securities Outstanding Notes and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its their other obligations under such Securities Notes and any related coupons and this Indenture insofar as such Securities Notes and any related coupons are concerned (and the Trustee or Trustees, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities Outstanding Notes and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities Notes and any related coupons when such payments are due, (B) the Company’s Issuers’ obligations with respect to such Securities Notes under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Notes as contemplated by Section 10.5, (C) the rights, powers, trusts, duties and immunities of the Trustee or Trustees hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company Issuers may exercise its their option under this Section 14.02 14.2 notwithstanding the prior exercise of its their option under Section 14.03 14.3 with respect to such Securities Notes and any related coupons.
Appears in 1 contract
Sources: Indenture (Brookfield Infrastructure Partners L.P.)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, and, upon Company Request, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set 52 -45- forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee, the Paying Agent and the Registrar hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Sources: Indenture (Optel Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.2, the Company and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.4 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that each of the Company and any other obligor upon the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.5 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, and, upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the defeasance trust fund described in Section 14.04 4.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.6, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.2 notwithstanding the prior exercise of its option under Section 14.03 4.3 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s Operating Partnership's exercise of the above option applicable to this Section 14.02 1202 with respect to any Securities of or within a series, the Company Operating Partnership shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter, “hereinafter "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 any related couponsOutstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1205 and the other Sections of this Indenture referred to in clauses (A) and through (BD) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyOperating Partnership, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) interest, on such Securities and any related coupons when such payments are due, (B) the Company’s Operating Partnership's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder (including, without limitation, those in Section 606 hereof) and (D) this Article FourteenTwelve. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.Twelve,
Appears in 1 contract
Sources: Indenture (Amb Property Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: :
(Aa) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on and Additional Amounts, if any, with respect to, such Securities and any related coupons when such payments are due, ;
(Bb) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 6.07, 10.02, 10.03 and 10.03, 10.06 (Cbut only to the extent that any Additional Amounts payable exceed the amount deposited in respect of such Additional Amounts pursuant to Section 13.04(a) below);
(c) the rights, powers, trusts, duties and immunities and other provisions in respect of the Trustees hereunder and Trustee hereunder; and
(Dd) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 13.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to the Securities of such Securities and any related couponsseries.
Appears in 1 contract
Sources: Indenture (Fedex Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities of or within a seriesthe Securities, the Company shall be deemed to have been discharged from its obligations with respect to such the Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 12.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such the Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such the Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 12.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such the Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such the Securities under Sections 3.053.4, 3.063.5, 10.02 10.2 and 10.0310.3, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 12.3 applied to such Securities and any related couponsthe Securities.
Appears in 1 contract
Sources: Indenture (FBL Financial Group Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities obligations, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, herein called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and, if applicable, its obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1503 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Sources: Senior Indenture (W&t Offshore Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 13.4 as more fully set forth in such Section, payments in respect of the principal ofof (and premium and interest, premium if any, on) and any Additional Amounts (if any) and interest (if any) on in respect of such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.9 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 13.2 notwithstanding the prior exercise of its option under Section 14.03 13.3 with respect to the Securities of such Securities and any related couponsseries.
Appears in 1 contract
Sources: Indenture (Abbott Laboratories)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 12.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series12.02, the Company Company, the Guarantors and all parties to the Collateral Documents shall be deemed to have been discharged from its their obligations with respect to such Securities all Outstanding Securities, Guarantees and any related coupons Collateral Documents on the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Outstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), and that all Collateral Documents will be deemed to have been released and discharged, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal ofof (premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligations under Section 6.06, (D) this Article FourteenXII and (E) the Company's obligation to pay Additional Amounts under Section 10.23. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Sources: Indenture (Baytex Energy LTD)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable to have this Section 14.02 with respect applied to any the Outstanding Securities of or within (as a serieswhole 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 any related coupons on after the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 12.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections Section 3.04, Section 3.05, Section 3.06, Section 10.02 and Section 10.03, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under to have this Section 14.02 applied to the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option under to have Section 14.03 with respect 12.03 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 15.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 15.05 and the other Sections of this Indenture referred to in (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 15.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 11.02 and 10.0311.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 11.05; (Ciii) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Div) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 15.03 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (Uranium Energy Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligations under Section 607 and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture (Husky Energy Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons (i) to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons. As provided in Section 1614, money and securities held in trust pursuant to this Section 1402 shall not be subject to Article Sixteen.
Appears in 1 contract
Sources: Indenture (Cendant Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 14.2 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons (i) to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company or any Guarantor upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.5, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.
Appears in 1 contract
Sources: Indenture Agreement (Protection One Alarm Monitoring Inc)