Common use of Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance Clause in Contracts

Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 12.02 or (b) covenant defeasance of the Securities of a series under Section 12.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article, shall be applicable to the Securities of such series, and the Company may, at its option, by resolution of its Board of Directors, at any time, elect to have either Section 12.02 or Section 12.03 applied to the outstanding Securities of a series upon compliance with the conditions set forth below in this Article 12.

Appears in 6 contracts

Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Valeritas Holdings Inc.)

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Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.01 2.03 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 12.02 8.02 or (b) covenant defeasance of the Securities of a series under Section 12.038.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article, shall be applicable to the Securities of such series, and the Company may, at its option, by resolution of its the Board of Directors, at any time, elect to have either Section 12.02 8.02 or Section 12.03 8.03 applied to the outstanding Outstanding Securities of a series upon compliance with the conditions set forth below in this Article 12VIII.

Appears in 6 contracts

Samples: Indenture (Southwestern Energy Co), Indenture (A.W. Realty Company, LLC), Indenture (Southwestern Energy Co)

Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 12.02 11.02 or (b) covenant defeasance of the Securities of a series under Section 12.0311.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article, shall be applicable to the Securities of such series, and the Company may, at its option, by resolution of its the Board of Directors, at any time, elect to have either Section 12.02 11.02 or Section 12.03 11.03 applied to the outstanding Securities of a series upon compliance with the conditions set forth below in this Article 1211.

Appears in 4 contracts

Samples: Indenture (Thomas Properties Group Inc), Indenture (Thomas Properties Group Inc), Indenture (Dendreon Corp)

Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 12.02 or (b) covenant defeasance of the Securities of a series under Section 12.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article, shall be applicable to the Securities of such series, and the Company may, at its option, by resolution of its the Board of Directors, at any time, elect to have either Section 12.02 or Section 12.03 applied to the outstanding Securities of a series upon compliance with the conditions set forth below in this Article 12.

Appears in 4 contracts

Samples: Indenture (Home Depot Inc), Indenture (Nicewonder Contracting, Inc.), Indenture (Honeywell International Inc)

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Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 12.02 11.02 or (b) covenant defeasance of the Securities of a series under Section 12.0311.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ArticleArticle 11, shall be applicable to the Securities of such series, and the Company may, at its option, by resolution of its Board of Directors, at any time, elect to have either Section 12.02 11.02 or Section 12.03 11.03 applied to the outstanding Securities of a series upon compliance with the conditions set forth below in this Article 1211.

Appears in 1 contract

Samples: Indenture (Best Buy Co Inc)

Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 12.02 13.02 or (b) covenant defeasance of the Securities of a series under Section 12.0313.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article, shall be applicable to the Securities of such series, and the Company may, at its option, by resolution of its the Board of Directors, at any time, elect to have either Section 12.02 13.02 or Section 12.03 13.03 applied to the outstanding Securities of a series upon compliance with the conditions set forth below in this Article 1213.

Appears in 1 contract

Samples: Subordinated Indenture (Nicewonder Contracting, Inc.)

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