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

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 (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc), Americas Carmart Inc

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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: Ual Corp /De/, Indenture (Public Service Co of North Carolina Inc), 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 (Amerus Life Holdings Inc), Indenture (Metris Companies Inc), Ocwen Financial Corp

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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 Corp), Federal Mogul U K Holdings Inc, Federal Mogul Corp

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