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

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

Appears in 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 (BSC Capital Trust Iii)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 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 (Tanger Properties LTD Partnership /Nc/), Indenture (CSX Transportation Inc), 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 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 (Everest Re Capital Trust Iii), Indenture (Banponce Trust Ii), Indenture (Centura Banks 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 a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 25 contracts

Samples: Indenture (Cit Group Inc), Trust Indenture (Safeco Corp), Indenture (Delhaize America 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 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: Pledge Agreement (Maxxam Inc), Indenture (United Companies Financial Corp), Intermedia Communications 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 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 18 contracts

Samples: Indenture (Centennial Resource Development, Inc.), Indenture (Lixte Biotechnology Holdings, Inc.), Indenture (American 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 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 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 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 14 contracts

Samples: Cybin (Cybin Inc.), KWESST Micro Systems Inc., Lithium Americas 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 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 (Dc Holdco Inc), Indenture (Dc Holdco Inc), Tia Indenture (Walt Disney 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, 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 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 (Keycorp Institutional Capital A), Indenture (Bankamerica Corp/De/), Agreement (Usf&g Corp)

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

Appears in 11 contracts

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

Appears in 10 contracts

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

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

Appears in 10 contracts

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

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. 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 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 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 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: Trustee and Company (Metro-Goldwyn-Mayer Inc), Indenture (Rga Capital Trust Ii), Indenture (MGM Grand 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 12.213.02. 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 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 8 contracts

Samples: Apollo Debt Solutions BDC, HPS Corporate Lending Fund, CION Investment 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 Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms term of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 8 contracts

Samples: Indenture (Wells Fargo Capital Iv), Indenture (Wells Fargo & Co/Mn), Indenture (Wells Fargo & Co/Mn)

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), Indenture (Realty Income Corp), Form of Indenture (Realty Income 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 3.1 301 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: Owens Corning Capital Ii, Kennametal Inc, Kennametal Financing I

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 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 (CCC Capital Trust Ii), Indenture (Oneok Inc /New/), Cablevision Systems 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 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 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 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 Trust, Security Capital Group Inc/, McLeodusa 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 6 contracts

Samples: Cousins Properties LP, Americold Realty Operating Partnership, L.P., Indenture (Columbia Property Trust Operating Partnership, L.P.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series, except as otherwise specified as contemplated 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 (Usa Education Inc), Indenture (U S West Inc /De/), Us West Capital Funding 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 (Fairpoint Communications Inc)

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

Appears in 5 contracts

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

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of 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 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: Incorporated (Hercules Inc), Indenture (Nymagic Inc), Indenture (Nymagic 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 5 contracts

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

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 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, Merrill Lynch Preferred Funding I Lp

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

Appears in 5 contracts

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

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated 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 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: Sce&g Trust I, Dime Bancorp Inc, 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 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 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 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 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, Gatx Financial Corp, Gatx Financial 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 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 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 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 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: Lincoln National Corp, Silicon Valley Bancshares, Asbc Capital Ii

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 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, TMS Venture Holdings Inc

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Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 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: Guaranty Capital Trust I, Southern Financial Capital Trust I, Highlands Capital Trust I

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series 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), Usb Holding Co Inc, Usb Holding Co 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 Inc), Senior Indenture (Reliant Energy Services New Mexico LLC), Reliant Energy Services New Mexico LLC

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

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 (Fuller H B Co), Indenture (DMC Stratex Networks 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 4 contracts

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

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 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 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.), Model Dairy, 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 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 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 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 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 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 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 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 3.1 301 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 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: Indenture (Zions Institutional Capital Trust A), Trust Agreement (DPL Inc), Southern States Capital Trust I

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series 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 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 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 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 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 Capital Corp, Nortel Networks Corp

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

Appears in 3 contracts

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

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series, except as otherwise specified as contemplated 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 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, Starwood Lodging Trust, Pioneer Standard Electronics 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 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 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 3.1 301 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 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 2 contracts

Samples: Santarus Inc, Santarus 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, except as otherwise specified pursuant to Section 3.1. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 2 contracts

Samples: United States Surgical Corp, United States Surgical 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 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 2 contracts

Samples: Validus Holdings (UK) PLC, Validus Holdings (UK) PLC

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 term 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 such Securities.

Appears in 2 contracts

Samples: Securities Indenture (Western Wireless Corp), Securities Indenture (Western Wireless 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 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 2 contracts

Samples: 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 of Securities of any a series except as otherwise specified as contemplated by Section 3.1 SECTION 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 12.2SECTION 12.02. 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 2 contracts

Samples: Illinois Power Co, Illinois Power 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 12.213.2. 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: Cit Group Inc, 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 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 2 contracts

Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp)

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