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

Applicability of Article; Issuer'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 1502 or (b) covenant defeasance of the Securities of or within a series under Section 1503, 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, any coupons appertaining thereto and any related Guarantee, and the Issuer may at its option by Board Resolution, at any time, with respect to such Securities, any coupons appertaining thereto and any related Guarantee, elect to have Section 1502 (if applicable) or Section 1503 (if applicable) be applied to such Outstanding Securities, any coupons appertaining thereto and any related Guarantee upon compliance with the conditions set forth below in this Article.

Appears in 5 contracts

Samples: Eighth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)

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Applicability of Article; Issuer's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3013.01, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1502 15.02 or (b) covenant defeasance of the Securities of or within a series under Section 150315.03, then the provisions of such Section 119 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, Securities and any coupons appertaining thereto and any related Guaranteethereto, and the Issuer may at its option by Board Resolution, at any time, with respect to such Securities, Securities and any coupons appertaining thereto and any related Guaranteethereto, elect to have Section 1502 15.02 (if applicable) or Section 1503 15.03 (if applicable) be applied to such Outstanding Securities, Securities and any coupons appertaining thereto and any related Guarantee upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

Applicability of Article; Issuer's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3013.01, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1502 14.02 or (b) covenant defeasance of the Securities of or within a series under Section 150314.03, 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, Securities and any coupons appertaining thereto and any related Guaranteethereto, and the Issuer may at its option by Board Resolution, at any time, with respect to such Securities, Securities and any coupons appertaining thereto and any related Guaranteethereto, elect to have Section 1502 14.02 (if applicable) or Section 1503 14.03 (if applicable) be applied to such Outstanding Securities, Securities and any coupons appertaining thereto and any related Guarantee upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

Applicability of Article; Issuer's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3013.01, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1502 15.02 or (b) covenant defeasance of the Securities of or within a series under Section 150315.03, 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, Securities and any coupons appertaining thereto and any related Guaranteethereto, and the Issuer may at its option by Board Resolution, at any time, with respect to such Securities, Securities and any coupons appertaining thereto and any related Guaranteethereto, elect to have Section 1502 15.02 (if applicable) or Section 1503 15.03 (if applicable) be applied to such Outstanding Securities, Securities and any coupons appertaining thereto and any related Guarantee upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

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Applicability of Article; Issuer's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3013.01, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1502 15.02 or (b) covenant defeasance of the Securities of or within a series under Section 150315.03, 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 3.01 100 with respect to any Securities), shall be applicable to such Securities, Securities and any coupons appertaining thereto and any related Guaranteethereto, and the Issuer may at its option by Board Resolution, at any time, with respect to such Securities, Securities and any coupons appertaining thereto and any related Guaranteethereto, elect to have Section 1502 15.02 (if applicable) or Section 1503 15.03 (if applicable) be applied to such Outstanding Securities, Securities and any coupons appertaining thereto and any related Guarantee upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

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