Common use of Release of Subsidiary Guarantor Clause in Contracts

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 5 contracts

Sources: Indenture (Fairchild Semiconductor International Inc), Indenture (Bremen Bearings Inc), Indenture (FSC Semiconductor Corp)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company Issuers or an Affiliate of the CompanyIssuers), such Subsidiary Guarantor shall be deemed released from all obligations Obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request of the CompanyIssuers, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 4 contracts

Sources: Indenture (Globalstar Capital Corp), Indenture (Globalstar Capital Corp), Indenture (Globalstar Capital Corp)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations Obligations under this Article 11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 4 contracts

Sources: Indenture (Planet Hollywood International Inc), Indenture (Planet Hollywood International Inc), Indenture (Planet Hollywood International Inc)

Release of Subsidiary Guarantor. Upon (a) the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of all of the Capital Stock of a Subsidiary Guarantor or Guarantor, (b) the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor or (c) the designation of such Subsidiary Guarantor as an Unrestricted Subsidiary (in each case other than a sale or disposition to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 4 contracts

Sources: Third Supplemental Indenture (Denbury Resources Inc), First Supplemental Indenture (Denbury Resources Inc), Third Supplemental Indenture (Encore Acquisition Co)

Release of Subsidiary Guarantor. Upon (a) the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or Guarantor, (b) the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor or (c) the designation of such Subsidiary Guarantor (as an Unrestricted Subsidiary, in each case in accordance with the provisions of this Indenture and, in the case of clauses (a) and (b) above, other than a sale or disposition to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 2 contracts

Sources: Indenture (Especialty Brands LLC), Indenture (Mothers Work Inc)

Release of Subsidiary Guarantor. Upon (i) the sale (including any sale pursuant to any upon a foreclosure or exercise of remedies by a holder of Senior Indebtednesssecurity interests) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or Guarantor, (ii) the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (or upon the designation of such Subsidiary as an Unrestricted Subsidiary, in each case in accordance with the provisions of this Indenture and, in the case of (i) and (ii) above, other than a sale or disposition to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 2 contracts

Sources: Indenture (Wolverine Tube Inc), Indenture (Wolverine Tube Inc)

Release of Subsidiary Guarantor. Upon (a) the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of 121 consolidation or merger) of a Subsidiary Guarantor or Guarantor, (b) the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor or (c) the designation of such Subsidiary Guarantor as an Unrestricted Subsidiary (in each case other than a sale or disposition to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Encore Acquisition Co)

Release of Subsidiary Guarantor. Upon (i) the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than a sale or disposition to the Company or an Affiliate of the Company)) or (ii) upon the designation of such Subsidiary Guarantor as an Unrestricted Subsidiary, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Amis Holdings Inc)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor Guarantor, or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 ArticleE11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Shared Technologies Inc)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 12 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Fairchild Semiconductor International Inc)

Release of Subsidiary Guarantor. Upon the occurrence of a sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request of the CompanyCompany and upon receipt of an Officers' Certificate with respect thereto, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Hallandale Commercial Corp.)

Release of Subsidiary Guarantor. Upon Upon (1) the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of all of the Capital Stock of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than a sale or disposition to the Company or an Affiliate of the Company)) and as permitted by this Indenture, (2) the liquidation and dissolution of a Subsidiary Guarantor, (3) the exercise by the Company of its option to effect Defeasance or Covenant Defeasance pursuant to Article Thirteen or (4) the designation of a Subsidiary Guarantor as an Unrestricted Subsidiary, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 Indenture and the 8 3/8% Notes without any further action required on the part of the Trustee Trustee, the Company, such Subsidiary Guarantor or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: First Supplemental Indenture (Newfield Exploration Co /De/)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company)) permitted by this Indenture, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (J H Heafner Co Inc)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company)) in compliance with the terms of this Indenture, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request and sole cost and expense of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Millenium Seacarriers Inc)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company)) permitted by this Indenture, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 without any further action required on the part of the Trustee or 80 73 any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Phoenix Racing Inc)

Release of Subsidiary Guarantor. Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release. In addition, if at any time a Subsidiary Guarantor no longer has any Senior Indebtedness outstanding, such Subsidiary Guarantor will be released and relieved from all its obligations under its Subsidiary Guaranty.

Appears in 1 contract

Sources: Indenture (MBS Multimode Inc)

Release of Subsidiary Guarantor. Upon the occurrence of a sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than to the Company or an Affiliate of the Company), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 11 10 without any further action required on the part of the Trustee or any Holder. At the request of the CompanyCompany and upon receipt of an Officers' Certificate, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Sources: Indenture (Up Offshore (Holdings) Ltd.)