Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 2.03 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 8.02 or (b) covenant defeasance of the Securities of a series under Section 8.03, 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 the Board of Directors, at any time, elect to have either Section 8.02 or Section 8.03 applied to the Outstanding Securities of a series upon compliance with the conditions set forth in this Article VIII.
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 2.03 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 8.02 12.02 or (b) covenant defeasance of the Securities of a series under Section 8.0312.03, 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 the its Board of Directors, at any time, elect to have either Section 8.02 12.02 or Section 8.03 12.03 applied to the Outstanding outstanding Securities of a series upon compliance with the conditions set forth below in this Article VIII12.
Appears in 6 contracts
Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Lion Biotechnologies, Inc.)
Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 2.03 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 8.02 12.02 or (b) covenant defeasance of the Securities of a series under Section 8.0312.03, 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 the Board of Directors, at any time, elect to have either Section 8.02 12.02 or Section 8.03 12.03 applied to the Outstanding outstanding Securities of a series upon compliance with the conditions set forth below in this Article VIII12.
Appears in 4 contracts
Samples: Indenture (Nicewonder Contracting, Inc.), Indenture (Home Depot Inc), Home Depot Inc
Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 2.03 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 8.02 11.02 or (b) covenant defeasance of the Securities of a series under Section 8.0311.03, 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 the Board of Directors, at any time, elect to have either Section 8.02 11.02 or Section 8.03 11.03 applied to the Outstanding outstanding Securities of a series upon compliance with the conditions set forth below in this Article VIII11.
Appears in 4 contracts
Samples: Indenture (Dendreon Corp), Indenture (Dendreon Corp), Thomas Properties Group Inc
Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 2.03 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 8.02 11.02 or (b) covenant defeasance of the Securities of a series under Section 8.0311.03, 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 the its Board of Directors, at any time, elect to have either Section 8.02 11.02 or Section 8.03 11.03 applied to the Outstanding outstanding Securities of a series upon compliance with the conditions set forth below in this Article VIII11.
Appears in 1 contract
Samples: Best Buy Co Inc
Applicability of the Article; Company’s Option to Effect Defeasance or Covenant Defeasance. Unless pursuant to Section 2.03 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 8.02 13.02 or (b) covenant defeasance of the Securities of a series under Section 8.0313.03, 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 the Board of Directors, at any time, elect to have either Section 8.02 13.02 or Section 8.03 13.03 applied to the Outstanding outstanding Securities of a series upon compliance with the conditions set forth below in this Article VIII13.
Appears in 1 contract
Samples: Subordinated Indenture (Nicewonder Contracting, Inc.)