Specified Releases of Collateral. Subject to Section 12.04, Collateral may be released from the Lien and security interest created by the Security Documents at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, or as provided hereby. Upon the request of the Company pursuant to an Officers’ Certificate certifying that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances: (1) to enable the Company (or a Guarantor) to consummate asset dispositions permitted or not prohibited under Section 4.16; (2) if any Subsidiary that is a Guarantor is released from its Guarantee; or (3) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ Certificate and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 2 contracts
Sources: Indenture (Broadview Networks Holdings Inc), Indenture (BRPP LLC)
Specified Releases of Collateral. Subject to Section 12.04, Collateral may be released from the Lien and security interest created by the Security Documents Collateral Agreements at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, Agreement or as provided hereby. Upon the request of the Company pursuant to an Officers’ Certificate certifying that all conditions precedent hereunder or under the applicable Collateral Agreement have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset dispositions permitted or not prohibited under Section 4.164.15;
(2) if any Subsidiary that is a Guarantor is released from its Guarantee;
(3) as described under Article Nine; or
(34) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ Certificate and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture Indenture, the Intercreditor Agreement or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 2 contracts
Sources: Indenture (McLeodUSA Holdings Inc), Indenture (McLeodusa Inc)
Specified Releases of Collateral. (a) Subject to Section 12.0412.03, Collateral may be released from the Lien and security interest created by the Security Collateral Documents at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor AgreementDocuments, or as provided hereby. Upon the request of the Company pursuant to an Officers’ Certificate certifying that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Note Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset sales or dispositions that are not Asset Sales or that are Asset Sales permitted or not prohibited under Section 4.164.11;
(2) with the consent of the Holders of at least 80% in principal amount of the then outstanding Notes pursuant to Section 9.02;
(3) if any Subsidiary that is a Guarantor is released from its GuaranteeNote Guarantee in accordance with the terms of this Indenture (including by virtue of such Guarantor ceasing to be a Restricted Subsidiary), such Subsidiary’s assets will also be released; or
(34) as if such release is required pursuant to the terms under any of the Intercreditor AgreementCollateral Documents. Upon receipt of such Officers’ Certificate and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor AgreementDocuments.
Appears in 1 contract
Specified Releases of Collateral. Subject to Section 12.04, Collateral may be released from the Lien and security interest created by the Security Documents at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, or as provided hereby. Upon the request of the Company pursuant to an Officers’ ' Certificate certifying that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset dispositions permitted or not prohibited under Section 4.16;
(2) if any Subsidiary that is a Guarantor is released from its Guarantee; or
(3) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ ' Certificate and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 1 contract
Sources: Indenture (Eschelon Telecom Inc)
Specified Releases of Collateral. Subject to Section 12.0411.03, Collateral may be released from the Lien and security interest created by the Security Documents at any time or from time to time in accordance with the provisions of the Collateral Agreements, including Agreements and the Intercreditor Agreement, or as provided hereby. Upon the request of the Company pursuant to an Officers’ Certificate and an Opinion of Counsel certifying that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset sales or dispositions that are not Asset Sales or that are Asset Sales permitted or not prohibited under Section 4.164.10;
(2) if any Subsidiary the Company exercises its legal defeasance option or covenant defeasance option pursuant to Section 8.01;
(3) upon satisfaction and discharge of this Indenture in accordance with Section 8.02 or payment in full in cash of the principal of, and premium, if any, accrued and unpaid interest on, the Notes and all other Obligations that is a Guarantor is released from its Guaranteeare then due and payable; or
(34) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ Certificate and such Opinion of Counsel and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including Agreements and the Intercreditor Agreement.
Appears in 1 contract
Specified Releases of Collateral. Subject to Section 12.0412.03, Collateral may be released from the Lien and security interest created by the Security Documents at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, or as provided hereby. Upon the request of the Company pursuant to an Officers’ Certificate certifying certifying, and an Opinion of Counsel stating, that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset dispositions permitted or not prohibited under Section 4.164.10;
(2) if any Subsidiary that is a Guarantor is released from its Guarantee; or
(3) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ Certificate and Opinion of Counsel and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 1 contract
Sources: Indenture (Boston Gear LLC)
Specified Releases of Collateral. Subject to Section 12.0412.03, Collateral may be released from the Lien and security interest created by the Security Documents at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, or as provided hereby. Upon the request of the Company pursuant to an Officers’ Certificate certifying that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset dispositions permitted or not prohibited under Section 4.164.10;
(2) if any Subsidiary that is a Guarantor is released from its Guarantee; or
(3) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ Certificate and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 1 contract
Sources: Indenture (Sand Springs Railway CO)
Specified Releases of Collateral. Subject to Section 12.04, Collateral may be released from the Lien and security interest created by the Security Documents Collateral Agreements at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, or as provided hereby. Upon the request of the Company pursuant to an Officers’ ' Certificate certifying that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset dispositions permitted or not prohibited under Section 4.16;
(2) if any Subsidiary that is a Guarantor is released from its Guarantee; or
(3) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ ' Certificate and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 1 contract
Specified Releases of Collateral. Subject to Section 12.0412.03, Collateral may be released from the Lien and security interest created by the Security Documents Collateral Agreements at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, or as provided hereby. Upon the request of the Company pursuant to an Officers’ Certificate certifying that all conditions precedent hereunder have been met and without the consent of any Holder, the Company and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company (or a Guarantor) to consummate asset sales or dispositions that are not Asset Sales or that are Asset Sales permitted or not prohibited under Section 4.164.11;
(2) with the consent of the Holders of at least 66 2/3 % in principal amount of the then outstanding Notes pursuant to Section 9.02;
(3) if any Subsidiary that is a Guarantor is released from its GuaranteeGuarantee in accordance with the terms of this Indenture, such Subsidiary’s assets will also be released; or
(34) as if such release is required pursuant to the terms under any of the Intercreditor AgreementCollateral Agreements. Upon receipt of such Officers’ Certificate and any necessary or proper instruments of termination, satisfaction or release prepared by the Company, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 1 contract
Sources: Indenture (Kratos Defense & Security Solutions, Inc.)
Specified Releases of Collateral. Subject (a) Notwithstanding anything to the contrary in Section 12.0412.03, Collateral may be released from the Lien and security interest created by the Security Collateral Documents at any time or from time to time in accordance with the provisions of the Collateral AgreementsDocuments, including the Intercreditor Agreement, or as provided hereby. Upon Whether prior to or after the request of the Company pursuant to an Officers’ Certificate certifying that all conditions precedent hereunder Revolving Credit Obligations have been met and without the consent of any Holderpaid in full, the Company Issuers and the Guarantors each Guarantor will be entitled to releases of assets included in the Collateral from the Noteholder Liens securing the obligations Noteholder Obligations under the Notes Notes, this Indenture, the Noteholder Guarantees and the Guarantees other Collateral Documents under any one or more of the following circumstances:
(1i) to enable the Company (Issuers or a Guarantor) such Guarantor to consummate asset dispositions permitted or not prohibited under Section 4.164.10;
(2ii) if any Subsidiary of the Issuers that is a Guarantor is released from its GuaranteeNote Guarantee in accordance with the terms of this Indenture, the assets of such Subsidiary will also be released from the Noteholder Liens securing its Note Guarantee and the other Collateral Documents; or
(3iii) as if required pursuant to in accordance with the terms of the Intercreditor Agreement. .
(b) Upon receipt of such Officers’ Certificate and Opinion of Counsel and any necessary or proper instruments of termination, satisfaction or release prepared by the CompanyIssuers, the Collateral Agent or the Security Trustee shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral AgreementsDocuments, including the Intercreditor Agreement.
Appears in 1 contract
Specified Releases of Collateral. Subject to Section 12.0412.03, Collateral may be released from the Lien and security interest created by the Security Documents at any time or from time to time in accordance with the provisions of the Collateral Agreements, including the Intercreditor Agreement, or as provided hereby. Upon the request of the Company Issuer pursuant to an Officers’ Certificate certifying certifying, and an Opinion of Counsel stating, that all conditions precedent hereunder have been met and without the consent of any Holder, the Company Issuer and the Guarantors will be entitled to releases of assets included in the Collateral from the Liens securing the obligations under the Notes and the Guarantees under any one or more of the following circumstances:
(1) to enable the Company Issuer (or a Guarantor) to consummate asset dispositions permitted or not prohibited under Section 4.164.10;
(2) if any Subsidiary that is a Guarantor is released from its Guarantee; or
(3) as required pursuant to the terms of the Intercreditor Agreement. Upon receipt of such Officers’ Certificate and Opinion of Counsel and any necessary or proper instruments of termination, satisfaction or release prepared by the CompanyIssuer, the Collateral Agent shall execute, deliver or acknowledge such instruments or releases to evidence the release of any Collateral permitted to be released pursuant to this Indenture or the Collateral Agreements, including the Intercreditor Agreement.
Appears in 1 contract
Sources: Indenture (Verrazano,inc.)