Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.1 provision is made to exclude with respect to the Securities of a particular series either or both of (i) defeasance of the Securities of or within such series under Section 4.4 or (ii) covenant defeasance of the Securities of or within such series under Section 4.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.6 through 4.9 inclusive, with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities of such series, shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 4.4 (if applicable) or Section 4.5 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.
Appears in 16 contracts
Samples: Indenture (Americas Carmart Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc)
Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 provision is made to exclude with respect to the Securities of a particular series for either or both of (i) defeasance of the Securities of or within such a series under Section 4.4 or (ii) covenant defeasance of the Securities of or within such a series under Section 4.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.6 through 4.9 inclusive, with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities of such seriesSecurities, shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its optionoption by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 4.4 (if applicable) or Section 4.5 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.
Appears in 8 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Indenture (Public Service Co of North Carolina Inc)
Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 3.01 provision is made to exclude with respect to the Securities of a particular series for either or both of (i) defeasance of the Securities of or within such a series under Section 4.4 4.04 or (ii) covenant defeasance of the Securities of or within such a series under Section 4.54.05, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.6 4.06 through 4.9 4.09 inclusive, with such modifications thereto as may be specified pursuant to Section 3.1 3.01 with respect to any Securities of such seriesSecurities, shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its optionoption by or pursuant to Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 4.4 4.04 (if applicable) or Section 4.5 4.05 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.
Appears in 7 contracts
Samples: Indenture (Metris Companies Inc), Indenture (Amerus Life Holdings Inc), Indenture (Ocwen Financial Corp)
Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. Unless If pursuant to Section 3.1 provision is made to exclude with respect to the Securities of a particular series for either or both of (i) defeasance of the Securities of or within such a series under Section 4.4 or (ii) covenant defeasance of the Securities of or within such a series under Section 4.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.6 through 4.9 inclusive, with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities of such seriesSecurities, shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its optionoption by or pursuant to Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 4.4 (if applicable) or Section 4.5 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.
Appears in 4 contracts
Samples: Indenture (Federal Mogul U K Holdings Inc), Indenture (Federal Mogul Corp), Indenture (Federal Mogul Corp)