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. Unless pursuant to Section 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series or (b) covenant defeasance of the Securities of a series under Section 13.3 to not be applicable with respect to the Securities of such series, then the provisions of such Sections together with the other provisions of this Article Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 or Section 13.3 be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 3 contracts

Samples: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc)

AutoNDA by SimpleDocs

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series or (b) covenant defeasance of the Securities of a series under Section 13.3 to not be applicable with respect to the Securities of such series13.3, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article ThirteenXIII, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenXIII.

Appears in 3 contracts

Samples: Indenture (Alberto-Culver CO), Indenture (Alberto-Culver CO), Indenture (Nalco Energy Services Equatorial Guinea LLC)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series 14.02 or (b) covenant defeasance of the Securities of a series under Section 13.3 to not be applicable with respect to the Securities of such series14.03, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article ThirteenARTICLE XIV, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, time with respect to the Securities of such series, elect to have either Section 13.2 14.02 (if applicable) or Section 13.3 14.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenARTICLE XIV.

Appears in 3 contracts

Samples: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series 1302 or (b) covenant defeasance of the Securities of a series under Section 13.3 to not be applicable with respect to the Securities of such series1303, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 1302 (if applicable) or Section 13.3 1303 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 3 contracts

Samples: Indenture (MSD Netherlands Capital B.V.), Senior Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (J P Morgan Chase & Co)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series 14.2 or (b) covenant defeasance of the Securities of a series under Section 13.3 to not be applicable with respect to the Securities of such series14.3, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 14.2 (if applicable) or Section 13.3 14.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 2 contracts

Samples: Indenture (ONE Gas, Inc.), Indenture (ONE Gas, Inc.)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series or (b) covenant defeasance of the Securities of a series under Section 13.3 not to not be applicable with respect to the Securities of such series, then the provisions of such Sections together with the other provisions of this Article ThirteenXIII, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 or Section 13.3 be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenXIII.

Appears in 2 contracts

Samples: Indenture (Wright Medical Group N.V.), Indenture (Atlas Air Worldwide Holdings Inc)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series 13.02 or (b) covenant defeasance of the Securities of a series under Section 13.3 13.03 to not be applicable with respect apply to the Securities of such any series, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolutionoption, at any time, with respect to the Securities of such series, elect to have either Section 13.2 13.02 (if applicable) or Section 13.3 13.03 (if 61 applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 1 contract

Samples: Indenture (Fedex Corp)

AutoNDA by SimpleDocs

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 3.01 provision is made for either or both of (a1) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series 13.02 or (b2) covenant defeasance of the Securities of a series under Section 13.3 to not be applicable with respect to the Securities of such series13.03, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article ThirteenArticle, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 13.02 (if applicable) or Section 13.3 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenArticle.

Appears in 1 contract

Samples: Indenture (Contifinancial Corp)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless Unless, pursuant to Section 3.1 301, provision is made for that either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series 1302 or (b) covenant defeasance of the Securities of a series under Section 13.3 to 1303 shall not be applicable with respect apply to the Securities of such a series, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 1302 (if applicable) or Section 13.3 be 1303 (if applicable) applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 1 contract

Samples: Indenture (Monsanto Finance Canada Co.)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series 13.02 or (b) covenant defeasance of the Securities of a series under Section 13.3 13.03 to not be applicable with respect apply to the Securities of such any series, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolutionoption, at any time, with respect to the Securities of such series, elect to have either Section 13.2 13.02 (if applicable) or Section 13.3 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 1 contract

Samples: Trust Indenture (Federal Express Corp)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series or (b) covenant defeasance of the Securities of a series under Section 13.3 to not be applicable with respect apply to the Securities of such any series, then the provisions of such Sections Section or Sections, as the case may be, together with the other provisions of this Article Thirteen13, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolutionoption, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen13.

Appears in 1 contract

Samples: Trust Indenture (Thomas & Betts Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!