Common use of Discharge of Liability on Securities; Defeasance Clause in Contracts

Discharge of Liability on Securities; Defeasance. If (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.7) for cancellation or (ii) all outstanding Securities have become due and payable and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on all outstanding Securities (other than Securities replaced pursuant to Section 2.7), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, then, subject to Sections 7.2 and 7.7, this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 2 contracts

Sources: Indenture (All Star Gas Corp), Indenture (All Star Gas Corp)

Discharge of Liability on Securities; Defeasance. If (a) When (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.72.07) for cancellation or (ii) all outstanding Securities have become due and payable payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Article 3 hereof and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on or upon redemption all outstanding Securities Securities, including interest thereon to maturity or such redemption date (other than Securities replaced pursuant to Section 2.72.07), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, thenthen this Indenture shall, subject to Sections 7.2 and 7.78.01(c), this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Glenoit Asset Corp)

Discharge of Liability on Securities; Defeasance. If If (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.72.9) for cancellation or (ii) all outstanding Securities have become due and payable and the Company or a Subsidiary Guarantor irrevocably irrevoca bly deposits with the t▇▇ Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on all outstanding Securities (other than Securities replaced pursuant to Section 2.72.9), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, then, subject to Sections 7.2 and 7.7, this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company accompanied accompa nied by an Officers' Certificate ▇ertificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Calpine Corp)

Discharge of Liability on Securities; Defeasance. If When (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.72.07) for cancellation cancelation or (ii) all outstanding Securities have become due and payable payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Article Three and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on or upon redemption all outstanding Securities Securities, including interest thereon to maturity or such redemption date (other than Securities replaced pursuant to Section 2.72.07), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, thenthen this Indenture shall, subject to Sections 7.2 and 7.7Section 8.01(c), this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Amc Entertainment Inc)

Discharge of Liability on Securities; Defeasance. If (a) When (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.7) for cancellation or (ii) all outstanding Securities have become due and payable payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Article 3 hereof and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on or upon redemption all outstanding Securities (other than Securities replaced pursuant to Section 2.7), including interest thereon to maturity or such redemption date, and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, thenthen this Indenture shall, subject to Sections 7.2 Section 8.1(e) and 7.7Section 8.6, this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company (accompanied by an Officers' Certificate and an Opinion of Counsel stating that all conditions precedent specified herein relating to the satisfaction and discharge of this Indenture have been complied with) and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Atlas Air Inc)

Discharge of Liability on Securities; Defeasance. If If (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.7) for cancellation or (ii) all outstanding Securities have become due and payable and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on all outstanding Securities (other than Securities replaced pursuant to Section 2.7), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, then, subject to Sections 7.2 and 7.7, this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Calpine Corp)

Discharge of Liability on Securities; Defeasance. If (a) When (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant pur- suant to Section 2.7) for cancellation or (ii) all outstanding Securities have become due and payable payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Article 3 hereof and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on or upon redemp- tion all outstanding Securities (other than Securities replaced pursuant to Section 2.7), including interest thereon to matur- ity or such redemption date, and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, thenthen this Indenture shall, subject to Sections 7.2 Section 8.1(e) and 7.7Section 8.6, this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company (accompanied by an Officers' Certificate and an Opinion of Counsel stating that all conditions precedent specified herein relating to the satisfaction and discharge of this In- denture have been complied with) and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Atlas Air Inc)

Discharge of Liability on Securities; Defeasance. If When (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.72.06) for cancellation cancelation or (ii) all outstanding Securities have become due and payable payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Article 3 hereof and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on or upon redemption all outstanding Securities Securities, including interest thereon to maturity or such redemption date (other than Securities replaced pursuant to Section 2.72.06), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, thenthen this Indenture and the Security Agreements shall, subject to Sections 7.2 and 7.7Section 8.01(c), this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture and the Security Agreements on written demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Hallandale Commercial Corp.)

Discharge of Liability on Securities; Defeasance. If If (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.72.9) for cancellation or (ii) all outstanding Securities have become due and payable and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on all outstanding Securities (other than Securities replaced pursuant to Section 2.72.9), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, then, subject to Sections 7.2 and 7.7, this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Sources: Indenture (Calpine Corp)

Discharge of Liability on Securities; Defeasance. If (a) When (i) the Company delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.72.07) for cancellation cancelation or (ii) all outstanding Securities have become due and payable payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Article 3 and the Company or a Subsidiary Guarantor irrevocably deposits with the Trustee as trust funds solely for the benefit of the Holders for that purpose funds sufficient to pay at maturity the principal of and all accrued interest on or upon redemption all outstanding Securities Securities, including interest thereon to maturity or such redemption date (other than Securities replaced pursuant to Section 2.72.07), and if in either case the Company or a Subsidiary Guarantor pays all other sums payable hereunder by the Company, thenthen this Indenture shall, subject to Sections 7.2 and 7.78.01(c), this Indenture shall cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on written demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Sources: Exchange Indenture (Century Maintenance Supply Inc)