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: Declaration of Trust (First Security Capital V), Guarantee Agreement (Comerica Capital Trust Ii), Indenture (WSFS Financial Corp)

AutoNDA by SimpleDocs

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 45 contracts

Samples: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp), 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 12.21202. 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: Suncor Energy Inc, Suncor Energy Inc, Indenture (Boston Scientific 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 (Tanger Properties LTD Partnership /Nc/), Indenture (Performance Food Group 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 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: Trust Indenture (Safeco Corp), Indenture (Cit Group Inc), Indenture (Cit Group 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 25 contracts

Samples: Indenture (VICI Properties L.P.), Indenture (PS Business Parks, L.P.), Indenture (Apple Hospitality REIT, 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 25 contracts

Samples: Indenture (Bank of New York Co Inc), Indenture (Banponce Corp), Indenture (Centura Banks 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 23 contracts

Samples: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (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 19 contracts

Samples: Indenture (Centennial Resource Development, Inc.), Indenture (Lixte Biotechnology Holdings, Inc.), Palantir Technologies 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 (United Companies Financial Corp), Pledge Agreement (Maxxam Inc), Scotts Company

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 (Cleco Power LLC), Indenture (American Italian Pasta Co), General Electric 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 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: Reconciliation And (Hunt J B Transport Services Inc), Indenture (KKR Financial Holdings LLC), Annaly Capital Management 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: Cybin (Cybin Inc.), Platinum Group Metals LTD, KWESST Micro 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 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 14 contracts

Samples: Sabra Health (Sabra Health Care REIT, Inc.), Indenture (Yum Brands Inc), And (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. 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: Profound Medical Corp., Electrovaya Inc., Colliers International Group 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 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 (Litton Industries Inc), Indenture (Dc Holdco Inc), Indenture (Litton Industries 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 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: Indenture (Citizens Banking Corp), Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/)

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 (Thermotrex Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Instrument Systems 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 11 contracts

Samples: Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (PKST Op, L.P.), Indenture (Iip-Co 3 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 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 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 (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.), Indenture (Acreage Holdings, 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 10 contracts

Samples: Indenture (Harrahs Entertainment Inc), Genesee & Wyoming Inc, Calgon Carbon Corporation

Applicability of Article. Securities of a series shall not be subject to a sinking fund unless provided pursuant to Section 3.1. 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 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 12.211.2. 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 10 contracts

Samples: Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc), Americas Carmart 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 12.2. 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: Ace Ina Holdings Inc, Indenture (Radisys Corp), Indenture (Assured Guaranty US 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 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), Meridian Bioscience Inc, Senior Indenture (Summit Bancorp/Nj/)

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: Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De)

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 the 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 the Securities of any series such Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any the 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 the Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 9 contracts

Samples: Sunoco, LLC, Landmark Infrastructure Finance Corp., Form of Indenture (LD Acquisition Co 7 LLC)

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 9 contracts

Samples: North Haven Private Income Fund LLC, Apollo Debt Solutions BDC, 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 3.1 301 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 (Coca-Cola European Partners Us, 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 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 (Popular Inc), Indenture (Wells Fargo & Co/Mn), Indenture (Wells Fargo Capital Iv)

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: Indenture (Rga Capital Trust Ii), Trustee and Company (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 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: Kennametal Inc, American Heritage Life Investment Corp, 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 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), Form of Indenture (Taseko Mines LTD), Energy Fuels 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 (Shurgard Storage Centers Inc), Form of Indenture (Realty Income Corp), Indenture (Pan Pacific Retail Properties 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 12.212.02. 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), BNC Bancorp, Eagle 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 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), Cousins Properties LP, Americold Realty Operating Partnership, 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 (CCC Capital Trust Ii), Oneok Inc /New/

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/), PVH Corp. /De/, Indenture (Exterran Energy Solutions, 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 (Suro Capital Corp.), American Assets Trust, L.P., Indenture (Kilroy Realty, 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 3.1 301 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 6 contracts

Samples: Cabot Industrial Properties Lp, McLeodusa Inc, Security Capital Group 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 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 Inc /De/), Indenture (Usa Education Inc), Usa Education 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, 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 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: Scana Corp, Sce&g Trust I, Scana 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 (Highwoods Forsyth L P), Incorporated (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 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: Partnerre LTD, Indenture (PartnerRe Finance B LLC), Indenture (Partnerre LTD)

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: Reconciliation And (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)

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 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: Indenture (Reliant Energy Inc), Reliant Energy Inc, Cleco 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 5 contracts

Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium 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 3.1 202 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 (Polaroid Corp), Manor Care (Manor Care Inc/New), Manor Care Inc/New

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: Indenture (Valero Energy Corp/Tx), Valero Energy Corp/Tx, Vec Trust Ii

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 (Bankamerica Corp/De/)

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 (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), Lifepoint Health, 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 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 Services New Mexico LLC), Senior Indenture (Reliant Energy Inc), Centerpoint Energy 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.), TCP Capital Corp., Indenture (Prospect Capital 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 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: Silicon Valley Bancshares, Silicon Valley Bancshares, Asbc Capital Ii

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.), Dean Illinois Dairies, LLC

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: Taseko Mines LTD, High Tide Inc., Northern Dynasty Minerals LTD

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: Hartford Capital Iv /De/, Nevada Power Co, Nevada Power Co

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 4 contracts

Samples: Indenture (AgroFresh Solutions, Inc.), Indenture (AgroFresh Solutions, Inc.), Indenture (Spirit Airlines, 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: Southern Financial Capital Trust I, Resource Capital Trust I, Guaranty Capital Trust I

AutoNDA by SimpleDocs

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 (Dayton Hudson Corp), Indenture (DMC Stratex Networks Inc), Indenture (Fuller H B Co)

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: Xl Group PLC, Xl Group PLC, XL Group 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 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.), Indenture (Renaissancere Holdings LTD), Renaissancere Holdings 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 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/), Bre Properties Inc /Md/

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), 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: Indenture (U S Home Corp /De/), Indenture (U S Home Corp /De/), 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 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: Gatx Financial Corp, SPSS Inc, Gatx Financial Corp

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 (Worldcom Inc /Ga/), Level 3 Communications Inc, Level 3 Communications 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 4 contracts

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

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: Execution Copy (Bancorp Hawaii Capital Trust I), North Fork Capital Trust I, Usb Holding Co 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 12.21102. 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), Indenture (Osisko Gold Royalties LTD), Indenture (Denison Mines 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 (NCS of Illinois Inc), Ail Technologies 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 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 (NMI Holdings, Inc.), Broadcom Inc., Broadcom 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 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.), Arch Capital Group Ltd., Arch Capital Group (U.S.) Inc.

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: BOSTON OMAHA Corp, BOSTON OMAHA Corp, 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), Adelphia Communications Corp, 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 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", 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 Except as otherwise specified 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 12.211.2. 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 3 contracts

Samples: Farmland Industries Inc, St Paul Bancorp Inc, St Paul Bancorp 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 3.1 301 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: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings 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 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), Bellsouth Corp, Bellsouth 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 3.1 301 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: Senior Indenture (Nortel Networks Corp), Nortel Networks Corp, Nortel Networks Capital 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 3.1 301 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: Noram Energy Corp/, Noram Energy Corp/, 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 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 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 the 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 the Securities of any series such Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any the Securities of any seriesSeries, 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 the Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 3 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Phillips 66 Partners Lp

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: Supplemental Indenture No. (Cooper Wiring Devices, Inc.), Indenture (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 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), Ibm (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 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: Boston Properties LTD Partnership, Boston Properties LTD Partnership, 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 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 (Bradley Operating L P), Indenture (Trinet Corporate Realty Trust Inc), Trinet Corporate Realty Trust 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 the Securities of such Securitiesseries.

Appears in 3 contracts

Samples: Comdisco Inc, Comdisco Inc, Comdisco 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 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 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 3 contracts

Samples: Walgreens Boots Alliance, Inc., Indenture (Nordstrom Inc), Cox Radio 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 3 contracts

Samples: Starwood Lodging Corp, Pioneer Standard Electronics Inc, Starwood Lodging Trust

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: Trust Agreement (DPL Inc), Indenture (Zions Institutional Capital Trust A), 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 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 2 contracts

Samples: Bugaboo Creek Holdings Inc, Bugaboo Creek 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 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 2 contracts

Samples: Indenture (FCC Acquisitions Corp), Performance Materials I 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 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 12.21202. 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 2 contracts

Samples: Everest Re Group LTD, Everest Re Capital Trust Iii

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 12. 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 2 contracts

Samples: Indenture (International Specialty Products Inc /New/), Indenture (Protection One Alarm Monitoring 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, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of the 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 the Securities of any series such Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any the 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 the Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 2 contracts

Samples: Daron Coal Company, LLC, Daron Coal Company, LLC

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