Common use of Applicability of Article Clause in Contracts

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 48 contracts

Samples: Junior Subordinated Indenture (SVB Capital I), Junior Subordinated Indenture (Owens Corning Capital Ii), Junior Subordinated Indenture (Downey Financial Corp)

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Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to in this Indenture as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to in this Indenture as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 46 contracts

Samples: Indenture (United Community Banks Inc), Indenture (Imperial Petroleum Inc./Marshall Islands), Senior Debt Securities Indenture (NewtekOne, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 38 contracts

Samples: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc), Indenture (Atmos Energy Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 31 contracts

Samples: Indenture (Performance Food Group Co), Indenture (Radnor Homes Inc), Indenture (Reckson Operating Partnership Lp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 25 contracts

Samples: Indenture (VICI Properties L.P.), Indenture (Avalonbay Communities Inc), Indenture (PS Business Parks, L.P.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 25 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc), Indenture (Ace Ina Holdings Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 24 contracts

Samples: Senior Indenture (MRM Capital Trust Iii), Junior Subordinated Indenture (Bank of New York Co Inc), Senior Indenture (Mutual Risk Management LTD)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 23 contracts

Samples: Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.), Indenture (Sasol Financing USA LLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of the Securities of any series a Series if so provided by the terms of such Securities pursuant to Section 2.2 and except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series Series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum other amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 21 contracts

Samples: Indenture (Palantir Technologies Inc.), Indenture (Biohaven Ltd.), Indenture (Centennial Resource Development, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 18 contracts

Samples: Indenture (Hilton Hotels Corp), Indenture (Genesee & Wyoming Inc), Indenture (Maxxam Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 16 contracts

Samples: Indenture (Hunt J B Transport Services Inc), Indenture (Annaly Capital Management Inc), Indenture (KKR Financial Holdings LLC)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 16 contracts

Samples: Indenture (General Electric Co), Indenture (Cleco Power LLC), Subordinated Indenture (American Italian Pasta Co)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries or as otherwise permitted or required by any form of Security of such series issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 15 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article Twelve. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 15 contracts

Samples: Indenture (Platinum Group Metals LTD), Indenture (KWESST Micro Systems Inc.), Indenture (Cybin Inc.)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 15 contracts

Samples: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 13 contracts

Samples: Indenture (Profound Medical Corp.), Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of the Securities of any series a Series if so provided by the terms of such Securities pursuant to Section 2.2, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series Series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum other amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 12 contracts

Samples: Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (PKST Op, L.P.), Indenture (NLCP Operating Partnership Lp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 11 contracts

Samples: Junior Subordinated Indenture (Pmi Capital I), Junior Subordinated Indenture (Pmi Group Inc), Junior Subordinated Indenture (Providian Financial Corp)

Applicability of Article. The provisions of this Article Thirteen shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 11 contracts

Samples: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.3(a) for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", MANDATORY SINKING FUND PAYMENT," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". OPTIONAL SINKING FUND PAYMENT." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 11 contracts

Samples: Indenture (Tricon Global Restaurants Inc), Indenture (Litton Industries Inc), Indenture (Apartment Investment & Management Co)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 11 contracts

Samples: Indenture (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.), First Supplemental Indenture (Tellurian Inc. /De/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 10 contracts

Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 10 contracts

Samples: Indenture (Genesee & Wyoming Inc), Subordinated Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (Calgon Carbon Corporation)

Applicability of Article. The provisions of this Article XII shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 10 contracts

Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article Twelve. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 10 contracts

Samples: Indenture (Eldorado Gold Corp /Fi), Indenture (Curaleaf Holdings, Inc.), Indenture (Ascend Wellness Holdings, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 9 contracts

Samples: Annual Report, Indenture (Merrill Lynch & Co Inc), Senior Indenture (Capital One Financial Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 9 contracts

Samples: Indenture (Cintas Corp), Indenture (Meridian Bioscience Inc), Indenture (Nordstrom Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “MANDATORY SINKING FUND PAYMENT,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “OPTIONAL SINKING FUND PAYMENT.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 9 contracts

Samples: Subordinated Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De), Indenture (WPS Resources Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 9 contracts

Samples: Indenture (Ace Ina Holdings Inc), Indenture (Radisys Corp), Indenture (Assured Guaranty US Holdings Inc.)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 3.02 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 9 contracts

Samples: Subordinated Indenture (Lincoln National Corp), Senior Indenture (Knoll Inc), Subordinated Indenture (Knoll Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction redemption as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Kennametal Inc), Senior Debt Securities Indenture (Kaufman & Broad Home Corp), Indenture (American Heritage Life Investment Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Cboe Global Markets, Inc.), Indenture (Singular Genomics Systems, Inc.), Indenture (Lifevantage Corp)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series permitted or required by the applicable supplemental indenture except as otherwise specified as contemplated by in accordance with Section 3.1 2.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.24.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.2. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Subordinated Indenture (Rga Capital Trust Ii), Indenture (Metro-Goldwyn-Mayer Inc), Indenture (MGM Grand Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms term of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Wells Fargo & Co/Mn), Indenture (Indymac Bancorp Inc), Indenture (Wells Fargo & Co/Mn)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Energy Fuels Inc), Indenture (Energy Fuels Inc), Indenture (Kimber Resources Inc.)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Realty Income Corp), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If Unless otherwise provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 7 contracts

Samples: Subordinated Indenture (Union Bankshares Corp), Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 7 contracts

Samples: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/), Indenture (Exterran Energy Solutions, L.P.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 7 contracts

Samples: Indenture (Oneok Inc /New/), Indenture (CSC Parent Corp), Indenture (CSC Holdings Inc)

Applicability of Article. The provisions of this Article 12 shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 7 contracts

Samples: Indenture (Nova Cold Logistics ULC), Indenture (Cousins Properties LP), Indenture (Americold Realty Operating Partnership, L.P.)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 7 contracts

Samples: Indenture (American Assets Trust, L.P.), Indenture (Suro Capital Corp.), Indenture (Kilroy Realty, L.P.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of the Securities of any series a Series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series Series is herein referred to as a "mandatory sinking fund payment", “MANDATORY SINKING FUND PAYMENT” and any sinking fund payment in excess of such minimum other amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". “OPTIONAL SINKING FUND PAYMENT.” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 6 contracts

Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 6 contracts

Samples: Indenture (NSP Financing Ii), Indenture (NSP Financing Ii), Indenture (Oge Energy Capital Trust I)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series Series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.02. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of Securities of such SecuritiesSeries.

Appears in 6 contracts

Samples: Indenture (U S West Communications Inc), Indenture (Us West Capital Funding Inc), Indenture (U S West Inc /De/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 5 contracts

Samples: Senior Indenture (Cleco Corp), Subordinated Indenture (Cleco Corp), Subordinated Indenture (Reliant Energy Inc)

Applicability of Article. The provisions of this Article XIII shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.213.2. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 5 contracts

Samples: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 5 contracts

Samples: Subordinated Indenture (Valero Energy Corp/Tx), Indenture (Merrill Lynch Preferred Funding I Lp), Indenture (Valero Energy Corp/Tx)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for such Securitiespermitted or required in or pursuant to this Indenture or the related Series Authorization. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 5 contracts

Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (Partnerre Capital Trust Iii)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 202 or Section 301, as the case may be, for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 5 contracts

Samples: Indenture (Manor Care Inc/New), Indenture (Washington Post Co), Indenture (Polaroid Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 5 contracts

Samples: Indenture (Nymagic Inc), Indenture (Nymagic Inc), Indenture (Hercules Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 5 contracts

Samples: Junior Subordinated Indenture (South Carolina Electric & Gas Co), Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Dime Bancorp Inc)

Applicability of Article. The provisions of this Article 12 shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 5 contracts

Samples: Indenture (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (TMS Venture Holdings Inc), Indenture (Sunoco Inc), Indenture (Money Store Inc /Nj)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21102. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (New Gold Inc. /FI), Trust Indenture (Osisko Gold Royalties LTD), Indenture (Denison Mines Corp.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement (1) Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 for such Securities. Securities of any series) in accordance with this Article. (2) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (VIQ Solutions Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 3.01 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash case amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Southern Financial Capital Trust I), Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I)

Applicability of Article. The provisions of this Article article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “Mandatory Sinking Fund Payment,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “Optional Sinking Fund Payment.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Xl Group PLC), Indenture (Xl Group PLC), Indenture (XL Group Ltd.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Trust Indenture (High Tide Inc.), Indenture (Northern Dynasty Minerals LTD), Trust Indenture (Taseko Mines LTD)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries or as otherwise permitted or required by any form of Security of such series issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Gatx Financial Corp), Subordinated Indenture (Gatx Financial Corp), Indenture (SPSS Inc)

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Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Silicon Valley Bancshares)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.02 or Section 3.01, as the case may be, for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (International Business Machines Corp), Indenture (Ibm International Group Capital LLC), Indenture (Ibm International Group Capital LLC)

Applicability of Article. The provisions of this ------------------------ Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Airgas Inc), Indenture (Level 3 Communications Inc), Indenture (Worldcom Inc /Ga/)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Samples: Indenture (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (NMI Holdings, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for such Securitiespermitted or required in or pursuant to this Indenture or the related Series Authorization. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 4 contracts

Samples: Senior Indenture (Essent Group Ltd.), Senior Indenture (Renaissancere Holdings LTD), Senior Indenture (Renaissancere Holdings LTD)

Applicability of Article. The provisions of this Article 10 shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.03(a) hereof for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “Mandatory Sinking Fund Payment,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “Optional Sinking Fund Payment.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2hereof. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Lifepoint Health, Inc.), Indenture (West Virginia Management Services Organization, Inc.), Indenture (West Virginia Management Services Organization, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for the Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such the Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any the Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of the Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp), Indenture (Amerigas Partners Lp)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Samples: Senior Indenture (Reliant Energy Inc), Subordinated Indenture (Reliant Energy Services New Mexico LLC), Indenture (Centerpoint Energy Inc)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein hereinafter referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such the Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Dean Foods Co/), Indenture (GameStop Corp.), Indenture (Dean Illinois Dairies, LLC)

Applicability of Article. (a) The provisions of this Article IV shall be applicable to any sinking fund for the retirement of Securities of any a series permitted or required by the applicable supplemental indenture except as otherwise specified as contemplated by in accordance with Section 3.1 2.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.24.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series having a sinking fund except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.), Indenture (Prospect Capital Corp)

Applicability of Article. The provisions of this Article 10 shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.03(a) hereof for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.02 hereof. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (NCS of Illinois Inc), Indenture (Ail Technologies Inc), Indenture (NCS of Illinois Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 3.01 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash case amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (North Fork Capital Trust I)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms term of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/), Indenture Agreement (Star Banc Corp /Oh/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (DMC Stratex Networks Inc), Indenture (Minnesota Mining & Manufacturing Co), Indenture (Fuller H B Co)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Samples: Senior Indenture (Hartford Capital Iv /De/), Junior Subordinated Indenture (Nevada Power Co), Junior Subordinated Indenture (Hartford Capital Iv /De/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)

Applicability of Article. The provisions If so provided as contemplated by Section 3.01 hereof for Securities of this Article shall be applicable to any sinking fund for the retirement series, retirements of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securitiespursuant to any sinking fund shall be made in accordance with their terms and in accordance with this Article 5. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.25.02 hereof. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Samples: Senior Subordinated Indenture (U S Home Corp /De/), Senior Indenture (U S Home Corp /De/), Senior Indenture (U S Home Corp /De/)

Applicability of Article. The provisions of this Article ------------------------ shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Bradley Operating L P)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such SecuritiesSeries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series Series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of Securities of such SecuritiesSeries.

Appears in 3 contracts

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

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund paymentMANDATORY SINKING FUND PAYMENT", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund paymentOPTIONAL SINKING FUND PAYMENT". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group (U.S.) Inc.), Indenture (Arch Capital Group Ltd.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of such Debt Securities.

Appears in 3 contracts

Samples: Indenture (Nortel Networks Capital Corp), Senior Indenture (Nortel Networks Corp), Senior Indenture (Nortel Networks Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund paymentMANDATORY SINKING FUND PAYMENT", and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund paymentOPTIONAL SINKING FUND PAYMENT". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (DPL Inc), Junior Subordinated Indenture (Zions Institutional Capital Trust A), Junior Subordinated Indenture (Southern States Capital Trust I)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series to the extent provided by the terms of such Securities pursuant to Section 3.1, and except as otherwise specified as contemplated permitted or required by Section 3.1 for the form of Security of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSecurities, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 3 contracts

Samples: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction redemption as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Senior Debt Indenture (Adelphia Communications Corp), Subordinated Debt Indenture (Adelphia Communications Corp), Senior Debt Indenture (Insight Communications Co Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the -66- terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 3 contracts

Samples: Indenture (Noram Energy Corp/), Indenture (Noram Energy Corp/), Indenture (Noram Energy Corp/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (IESI-BFC LTD), Indenture (Transalta Corp), Indenture (Transalta Corp)

Applicability of Article. The provisions of this Article article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “Mandatory Sinking Fund Payment,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “Optional Sinking Fund Payment.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Global Indemnity Group, Inc.), Indenture (Global Indemnity Group, Inc.), Indenture (Xl Group PLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 202 or Section 301, as the case may be, for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (International Business Machines Corp), Indenture (Ibm Credit LLC), Indenture (Ibm Credit LLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series, except as otherwise specified as contemplated otherwise, permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series Series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an in "optional sinking fund payment". If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.02. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of Securities of such SecuritiesSeries.

Appears in 3 contracts

Samples: Indenture (Bellsouth Corp), Indenture (Bellsouth Corp), Indenture (Bellsouth Corp)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series permitted by the applicable supplemental indenture except as otherwise specified as contemplated by in accordance with Section 3.1 2.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.24.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Affiliated Managers Group, Inc.), Indenture (Affiliated Managers Group Inc), Indenture (Genzyme Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Exhibit (Cooper Wiring Devices, Inc.), Execution Version (Eaton Corp PLC), Indenture (Celestica Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to in this Indenture as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to in this Indenture as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Independent Bank Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (AMC Networks Inc.), Indenture (WE TV Studios LLC), Indenture (Voom HD Holdings LLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", MANDATORY SINKING FUND PAYMENT," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". OPTIONAL SINKING FUND PAYMENT." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Indenture (Starwood Lodging Corp), Indenture (Pioneer Standard Electronics Inc), Indenture (Starwood Lodging Trust)

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