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. If pursuant to Section 3.01 provision is made for either both of (i) defeasance of the Securities of any series under Section 4.04 or (ii) covenant defeasance of the Securities of any series under Section 4.05, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.06 through 4.09 inclusive, with such modifications thereto as may be specified pursuant to Section 3.01 with respect to any Securities, shall be applicable to such Securities, and the Company may at its option by or pursuant to Board Resolution, at any time, with respect to such Securities, elect to have Section 4.04 (if applicable) or Section 4.05 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article IV.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/)

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Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 provision is made for either or both of (i) defeasance of the Securities of any series under Section 4.04 or (ii) covenant defeasance of the Securities of any series under Section 4.05, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.06 through 4.09 inclusive, with such modifications thereto as may be specified pursuant to Section 3.01 with respect to any Securities, shall be applicable to such Securities, and the Company may at its option by or pursuant to Board Resolution, at any time, with respect to such Securities, elect to have Section 4.04 (if applicable) or Section 4.05 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article IV.

Appears in 2 contracts

Samples: Indenture (Western Wireless Corp), Indenture (Western Wireless Corp)

Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 3.1, provision is made for either or both of (i) defeasance of the Securities of any or within a series under Section 4.04 4.4 or (ii) covenant defeasance of the Securities of any or within a series under Section 4.054.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.06 4.6 through 4.09 4.9 inclusive, with such modifications thereto as may be specified pursuant to Section 3.01 3.1 with respect to any Securities, shall be applicable to such Securities, and the Company may at its option by or pursuant to Board Resolution, at any time, with respect to such Securities, elect to have Section 4.04 4.4 (if applicable) or Section 4.05 4.5 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article IVArticle.

Appears in 1 contract

Samples: Indenture (Executive Risk Inc /De/)

Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 3.1 provision is made for either or both of (i) defeasance of the Securities of any or within a series under Section 4.04 4.4 or (ii) covenant defeasance of the Securities of any or within a series under Section 4.054.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.06 4.6 through 4.09 4.8 inclusive, with such modifications thereto as may be specified pursuant to Section 3.01 3.1 with respect to any Securities, shall be applicable to such Securities, and the Company may at its option by or pursuant to Board Resolution, at any time, with respect to such Securities, elect to have Section 4.04 4.4 (if applicable) or Section 4.05 4.5 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article IVArticle.

Appears in 1 contract

Samples: Indenture (Robbins & Myers Inc)

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Applicability of Defeasance Provisions; Company's Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 3.1 provision is made for either or both of (i) defeasance of the Securities of any or within a series under Section 4.04 4.4 or (ii) covenant defeasance of the Securities of any or within a series under Section 4.054.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Sections 4.06 4.6 through 4.09 4.9 inclusive, with such modifications thereto as may be specified pursuant to Section 3.01 3.1 with respect to any Securities, shall be applicable to such Securities, and the Company may at its option by or pursuant to Board Resolution, at any time, with respect to such Securities, elect to have Section 4.04 4.4 (if -28- applicable) or Section 4.05 4.5 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article IVArticle.

Appears in 1 contract

Samples: Indenture (Icos Corp / De)

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