Common use of Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance Clause in Contracts

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 7 contracts

Samples: Indenture (Tampa DC, LLC), Indenture (Tampa DC, LLC), Indenture (Federated National Holding Co)

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Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If If, pursuant to Section 301 3.01, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 14.02 or (b) covenant defeasance of the Securities of or within a series under Section 140314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 3.01 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 14.02 (if applicable) or Section 1403 14.03 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 5 contracts

Samples: Indenture (Chartermac), Indenture (Camden Property Trust), Indenture (Lexington Corporate Properties Trust)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If If, pursuant to Section 301 301, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 4 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), Indenture (PennyMac Corp.), Indenture (Sutherland Asset Management Corp)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If If, pursuant to Section 301 3.01, provision is made for either or both of (a) defeasance of the Securities of or within a series Series under Section 1402 14.02 or (b) covenant defeasance of the Securities of or within a series Series under Section 140314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 3.01 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 14.02 (if applicable) or Section 1403 14.03 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 3 contracts

Samples: Indenture (Boston Properties LTD Partnership), Indenture Agreement (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Fourteen (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall will be applicable to such Securities and any coupons appertaining theretoSecurities, and the Company may at its option by Board Resolutionoption, at any time, with respect to such Securities and any coupons appertaining theretoSecurities, elect to have either Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this ArticleArticle Fourteen and the Guarantor may at its option, at any time, with respect to such Securities, elect to have Section 1403 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article Fourteen.

Appears in 2 contracts

Samples: Indenture (Otis Worldwide Corp), Indenture (Highland Holdings S.a r.l.)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If If, pursuant to Section 301 3.01, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 14.02 or (b) covenant defeasance of the Securities of or within a series under Section 140314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIV (with such modifications thereto as may be specified pursuant to Section 301 3.01 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 14.02 (if applicable) or Section 1403 14.03 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this ArticleArticle XIV.

Appears in 1 contract

Samples: Indenture (Metropolitan Mortgage & Securities Co Inc)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Jetblue Airways Corp)

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Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If If, pursuant to Section 301 3.1, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 13.2 or (b) covenant defeasance of the Securities of or within a series under Section 140313.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 3.1 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 13.2 (if applicable) or Section 1403 13.3 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Colony Financial, Inc.)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 3.01 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 14.02 or (b) covenant defeasance of the Securities of or within a series under Section 140314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 3.01 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have either Section 1402 14.02 (if applicable) or Section 1403 14.03 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Carlyle Secured Lending, Inc.)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have either Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Medallion Financial Corp)

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