Common use of Release of Subsidiary Guarantor Clause in Contracts

Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII hereof or if its obligations under the Indenture are discharged in accordance with Section 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the this Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII hereof or if its obligations under the this Indenture are discharged in accordance with Section 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. A Subsidiary Guarantor will be automatically and unconditionally released from its obligations under this Article 10 (aother than any obligation that may have arisen under Section 10.07): (1) Upon the sale (including in connection with any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition of the Capital Stock of a Subsidiary Guarantor (including by way of consolidation merger or mergerconsolidation) other than to the Company or a Restricted Subsidiary of the Company, if such transaction at the time of such disposition complies with Section 4.06 hereof and the Subsidiary Guarantor ceases to be a Restricted Subsidiary Guarantor; of the Company as a result of such transaction; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c2) if a the Company designates any Restricted Subsidiary Guarantor no longer guarantees or that is otherwise obligated under any capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII hereof this Indenture; (3) if the Company effects either its legal defeasance option or if its obligations under the Indenture are discharged covenant defeasance option in accordance with Section 8.02 8.01(b) hereof or if it satisfies and discharges this Indenture in accord with Section 8.01(a) hereof; or (4) unless a Default or Event of Default has occurred and is continuing, each at such time as such Subsidiary Guarantor shall be released from all obligations under this Article X without ceases to guarantee any further action required on the part other Indebtedness of the Trustee Company or any Holderother Subsidiary Guarantor under a Credit Facility. At the request of the Company, the Trustee and the Collateral Agent, as applicable shall execute and deliver an appropriate such instrument evidencing reasonably requested by the release of a Company or such Subsidiary Guarantor pursuant to this Section 10.05, evidencing such instrument to be prepared and delivered to the Trustee by the Companyrelease.

Release of Subsidiary Guarantor. A Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder: (a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; ; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; ; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtedness; Credit Facility of the Company or any Domestic Subsidiary; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the this Indenture; or or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII 8 hereof or if its obligations under the this Indenture are discharged in accordance with Section 8.02 8.06 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII hereof or if its obligations under the Indenture are discharged in accordance with Section 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. Any Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder: (a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a such Subsidiary Guarantor; ; (b) upon the sale or disposition of all or substantially all the assets of a such Subsidiary Guarantor; ; (c) if a such Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtednessunder any Existing Notes; or (d) upon designation of a such Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the this Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII 8 hereof or if its obligations under the this Indenture are discharged in accordance with Section 8.02 8.06 hereof, each Subsidiary Guarantor (if any) shall be released from all obligations under this Article X 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 provided to it evidencing the release of a any Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. Upon (ai) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness Senior Debt of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; , (bii) upon the sale or disposition of all or substantially all the assets of a such Subsidiary Guarantor; , (ciii) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtedness; (d) upon the designation of a such Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture, or (iv) if such Subsidiary Guarantor is released from its guarantee of all other Debt of the Indenture; Company and all other Domestic Restricted Subsidiaries under any Credit Facilities, the Existing Senior Subordinated Notes and any other capital markets debt securities of the Company or (e) at the Company’s election, during any Suspension PeriodSubsidiary Guarantor, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder, in each case other than a sale or disposition to Parent or a Subsidiary of Parent. If In the case of clauses (i) and (ii) above, the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance shall provide an Officers’ Certificate to the Trustee to the effect that the Company will comply with the provisions of Article VIII hereof or if its obligations under the Indenture are discharged in accordance with Section 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder4.05. At the request of the CompanyCompany and, in the case of any release under clause (iv) above, if the Company provides an Officers’ Certificate to the Trustee to the effect that the release complies therewith, the Trustee shall execute and deliver an appropriate instrument evidencing the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Companyrelease.

Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the this Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII hereof or if its obligations under the this Indenture are discharged in accordance with Section 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. A Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder: (a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; ; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; ; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Material Domestic Indebtedness; ; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the this Indenture; or or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII 8 hereof or if its obligations under the this Indenture are discharged in accordance with Section 8.02 8.06 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 provided to it evidencing the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII hereof or if its obligations under the Indenture are discharged in accordance with Section 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. A Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder: (a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; ; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; ; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any capital markets Material Domestic Indebtedness; ; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the this Indenture; or or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII 8 hereof or if its obligations under the this Indenture are discharged in accordance with Section 8.02 8.06 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.

Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary GuarantorGuarantor after which such Subsidiary Guarantor is no longer a Subsidiary of the Company; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary GuarantorGuarantor (other than to the Company or a Subsidiary or an Affiliate of the Company); (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under any Credit Facility or capital markets IndebtednessIndebtedness of the Company or any other Subsidiary Guarantor; or (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of the this Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article VIII hereof or if its obligations under the this Indenture are discharged in accordance with Section 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05, such instrument to be prepared and delivered to the Trustee by the Company.