Common use of Termination of Issuer’s Obligations Clause in Contracts

Termination of Issuer’s Obligations. This Indenture and the Collateral Documents shall cease to be of further effect (except that the Issuers' obligations under Section 7.07 and 8.04 and the Issuers', Trustee's and Paying Agent's obligations under Section 8.03 shall survive) when all outstanding Debentures theretofore authenticated and issued have been delivered (other than destroyed, lost or stolen Debentures which have been replaced or paid) to the Trustee for cancellation and the Issuers have paid all sums payable by the Issuers hereunder. In addition, the Issuers may terminate all of their obligations and the obligations of Holdings under this Indenture if the Issuers irrevocably deposit in trust with the Trustee or at the option of the Trustee, with a trustee reasonably satisfactory to the Trustee and the Issuers under the terms of a trust agreement in form and substance satisfactory to the Trustee, money or U.S. Government Obligations sufficient to pay principal and interest on the Debentures to maturity or redemption, as the case may be, and to pay all other sums payable by them hereunder, provided that (i) the trustee of the trust shall have been irrevocably instructed to pay such money or the proceeds of such U.S. Government Obligations to the Trustee and (ii) the Trustee shall have been irrevocably instructed to apply such money or the proceeds of such U.S. Government Obligations to the payment of said principal and interest with respect to the Debentures. Then, this Indenture shall cease to be of further effect (except as provided in this paragraph) and all Collateral with respect to the Debentures (other than amounts on deposit in the trust pursuant to the immediately preceding paragraph) shall be released. In addition, the Trustee, on demand of the Issuers, shall execute proper instruments acknowledging confirmation of and discharge under this Indenture. However, the Issuers' obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 4.01, 4.06, 7.07, 7.08, 8.03 and 8.04, Holdings' obligations in Sections 4.06 and 12.01, and the Trustee's and Paying Agent's obligations in Section 8.03, shall survive until the Debentures are no longer outstanding. Thereafter, only the Issuers' obligations in Section 7.07 and 8.04 and the Issuers', Trustee's and Paying Agent's obligations in Section 8.03 shall survive. After such deposit made pursuant to this Section 8.01, the Trustee shall release all Collateral for the Debentures, other than such deposit, and shall acknowledge in writing the discharge of the Issuers' and Holdings' obligations under this Indenture except for those surviving obligations specified above, and the release of such Collateral. In order to have money available on a payment date to pay principal or interest on the Debentures, the U.S. Government Obligations shall be payable as to principal or interest at least one Business Day before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer's option."

Appears in 1 contract

Sources: First Supplemental Indenture (Foamex International Inc)

Termination of Issuer’s Obligations. This Indenture and the Collateral Documents shall cease to be of further effect (except that the Issuers' obligations under Section 7.07 and 8.04 and the Issuers', any Guarantor's, Trustee's and Paying Agent's obligations under Section 8.03 shall survive) when all outstanding Debentures Securities theretofore authenticated and issued have been delivered (other than destroyed, lost or stolen Debentures Securities which have been replaced or paid) to the Trustee for cancellation and the Issuers have paid all sums payable by the Issuers hereunder. In addition, the Issuers may terminate all of their obligations and the obligations of Holdings any Guarantor under this Indenture if the Issuers irrevocably deposit in trust with the Trustee or at the option of the Trustee, with a trustee reasonably satisfactory to the Trustee and the Issuers under the terms of a trust agreement in form and substance satisfactory to the Trustee, money or U.S. Government Obligations sufficient to pay principal and interest on the Debentures Securities to maturity or redemption, as the case may be, and to pay all other sums payable by them hereunder, provided that (i) the trustee of the trust shall have been irrevocably instructed to pay such money or the proceeds of such U.S. Government Obligations to the Trustee and (ii) the Trustee shall have been irrevocably instructed to apply such money or the proceeds of such U.S. Government Obligations to the payment of said principal and interest with respect to the DebenturesSecurities. Then, this Indenture shall cease to be of further effect (except as provided in this paragraph) ), and all Collateral with respect to the Debentures (other than amounts on deposit in the trust pursuant to the immediately preceding paragraph) shall be released. In addition, the Trustee, on demand of the Issuers, shall execute proper instruments acknowledging confirmation of and discharge under this Indenture. The Issuers may make the deposit only if Article 10 hereof does not prohibit such payment. However, the Issuers' obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 4.01, 4.06, 7.07, 7.08, 8.03 and 8.04, Holdings' obligations in Sections 4.06 and 12.01, and the Trustee's and Paying Agent's obligations in Section 8.03, 8.03 shall survive until the Debentures Securities are no longer outstanding. Thereafter, only the Issuers' obligations in Section 7.07 and 8.04 and the Issuers', Trustee's and Paying Agent's obligations in Section 8.03 shall survive. After such irrevocable deposit made pursuant to this Section 8.018.01 and satisfaction of the other conditions set forth herein, the Trustee shall release all Collateral for the Debentures, other than such deposit, and upon request shall acknowledge in writing the discharge of the Issuers' and HoldingsGuarantors' obligations under this Indenture except for those surviving obligations specified above, and the release of such Collateral. In order to have money available on a payment date to pay principal or interest on the DebenturesSecurities, the U.S. Government Obligations shall be payable as to principal or interest at least one Business Day before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer's issuers' option."

Appears in 1 contract

Sources: Third Supplemental Indenture (Foamex International Inc)

Termination of Issuer’s Obligations. This Indenture and the Collateral Documents shall cease to be of further effect (except that the Issuers' obligations under Section 7.07 and 8.04 and the Issuers', Trustee's and Paying Agent's obligations under Section 8.03 shall survive) when all outstanding Debentures Securities theretofore authenticated and issued have been delivered (other than destroyed, lost or stolen Debentures Securities which have been replaced or paid) to the Trustee for cancellation and the Issuers have paid all sums payable by the Issuers hereunder. In addition, the Issuers may terminate all of their obligations and the obligations of Holdings any Guarantor under this Indenture if the Issuers irrevocably deposit in trust with the Trustee or at the option of the Trustee, with a trustee reasonably satisfactory to the Trustee and the Issuers under the terms of a trust agreement in form and substance satisfactory to the Trustee, money or U.S. Government Obligations sufficient to pay principal and interest on the Debentures Securities to maturity or redemption, as the case may be, and to pay all other sums payable by them hereunder, provided that (i) the trustee of the trust shall have been irrevocably instructed to pay such money or the proceeds of such U.S. Government Obligations to the Trustee and (ii) the Trustee shall have been irrevocably instructed to apply such money or the proceeds of such U.S. Government Obligations to the payment of said principal and interest with respect to the DebenturesSecurities. Then, this Indenture shall cease to be of further effect (except as provided in this paragraph) ), and all Collateral with respect to the Debentures Securities (other than amounts on deposit in the trust pursuant to the immediately preceding paragraph) shall be released. In addition, the Trustee, on demand of the Issuers, shall execute proper instruments acknowledging confirmation of and discharge under this Indenture. However, the Issuers' obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 4.01, 4.06, 7.07, 7.08, 8.03 and 8.04, Holdings' obligations in Sections 4.06 and 12.01, and the Trustee's and Paying Agent's obligations in Section 8.03, shall survive until the Debentures are no longer outstanding. Thereafter, only the Issuers' obligations in Section 7.07 and 8.04 and the Issuers', Trustee's and Paying Agent's obligations in Section 8.03 shall survive. After such deposit made pursuant to this Section 8.01, the Trustee shall release all Collateral for the Debentures, other than such deposit, and shall acknowledge in writing the discharge of the Issuers' and Holdings' obligations under this Indenture except for those surviving obligations specified above, and the release of such Collateral. In order to have money available on a payment date to pay principal or interest on the Debentures, the U.S. Government Obligations shall be payable as to principal or interest at least one Business Day before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer's option.",

Appears in 1 contract

Sources: Fourth Supplemental Indenture (Foamex International Inc)

Termination of Issuer’s Obligations. This Indenture and the Collateral Documents shall cease to be of further effect (except that the Issuers' obligations under Section 7.07 and 8.04 and the Issuers', any Guarantor's, Trustee's and Paying Agent's obligations under Section 8.03 shall survive) when all outstanding Debentures Securities theretofore authenticated and issued have been delivered (other than destroyed, lost or stolen Debentures Securities which have been replaced or paid) to the Trustee for cancellation and the Issuers have paid all sums payable by the Issuers hereunder. In addition, the Issuers may terminate all of their obligations and the obligations of Holdings any Guarantor under this Indenture if the Issuers irrevocably deposit in trust with the Trustee or at the option of the Trustee, with a trustee reasonably satisfactory to the Trustee and the Issuers under the terms of a trust agreement in form and substance satisfactory to the Trustee, money or U.S. Government Obligations sufficient to pay principal and interest on the Debentures Securities to maturity or redemption, as the case may be, and to pay all other sums payable by them hereunder, provided that (i) the trustee of the trust shall have been irrevocably instructed to pay such money or the proceeds of such U.S. Government Obligations to the Trustee and (ii) the Trustee shall have been irrevocably instructed to apply such money or the proceeds of such U.S. Government Obligations to the payment of said principal and interest with respect to the DebenturesSecurities. Then, this Indenture shall cease to be of further effect (except as provided in this paragraph) ), and all Collateral with respect to the Debentures (other than amounts on deposit in the trust pursuant to the immediately preceding paragraph) shall be released. In addition, the Trustee, on demand of the Issuers, shall execute proper instruments acknowledging confirmation of and discharge under this Indenture. The Issuers may make the deposit only if Article 10 hereof does not prohibit such payment. However, the Issuers' obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 4.01, 4.06, 7.07, 7.08, 8.03 and 8.04, Holdings' obligations in Sections 4.06 and 12.01, and the Trustee's and Paying Agent's obligations in Section 8.03, 8.03 shall survive until the Debentures Securities are no longer outstanding. , Thereafter, only the Issuers' obligations in Section 7.07 and 8.04 and the Issuers', Trustee's and Paying Agent's obligations in Section 8.03 shall survive. After such deposit made pursuant to this Section 8.01, the Trustee shall release all Collateral for the Debentures, other than such deposit, and shall acknowledge in writing the discharge of the Issuers' and Holdings' obligations under this Indenture except for those surviving obligations specified above, and the release of such Collateral. In order to have money available on a payment date to pay principal or interest on the Debentures, the U.S. Government Obligations shall be payable as to principal or interest at least one Business Day before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer's option."in

Appears in 1 contract

Sources: Fifth Supplemental Indenture (Foamex International Inc)