Common use of Applicability of Defeasance Provisions Clause in Contracts

Applicability of Defeasance Provisions. Issuer’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 2.3 provision is made for either or both of (1) defeasance of the Securities of or within a series under Section 10.4 or (2) covenant defeasance of the Securities of or within a series under Section 10.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Section 10.6 through Section 10.9 inclusive, with such modifications thereto as may be specified pursuant to Section 2.3 with respect to any Securities, shall be applicable to such Securities and any Coupons appertaining thereto, and the Issuer may at its option by or pursuant to Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 10.4 (if applicable) or Section 10.5 (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 3 contracts

Samples: Indenture (Enstar Finance LLC), Senior Indenture (Enstar Group LTD), Enstar Group LTD

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Applicability of Defeasance Provisions. Issuer’s Company's Option to ----------------------------------------------------------- Effect Defeasance or Covenant Defeasance. If pursuant to Section 2.3 3.1 provision ---------------------------------------- is made for either or both of (1i) defeasance of the Securities of or within a series under Section 10.4 4.4 or (2ii) covenant defeasance of the Securities of or within a series under Section 10.54.5, then the provisions of such Section or Sections, as the case may be, together with the provisions of Section 10.6 Sections 4.6 through Section 10.9 4.9 inclusive, with such modifications thereto as may be specified pursuant to Section 2.3 3.1 with respect to any Securities, shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Issuer Company may at its option by or pursuant to Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 10.4 4.4 (if applicable) or Section 10.5 4.5 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Acterna Corp)

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