Common use of Company’s Option to Effect Defeasance or Covenant Defeasance Clause in Contracts

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 301, Sections 1302 and 1303 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section 1302 and Section 1303 applied to any Securities or any series of Securities, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or Section 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Resolution, Officers’ Certificate of the Company or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 17 contracts

Samples: Indenture (Blackstone Inc.), Indenture (Blackstone Holdings I L.P.), Subordinated Indenture (Blackstone Holdings I L.P.)

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Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 301, Sections Section 1302 and 1303 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section 1302 and Section 1303 applied to any Securities or any series of Securities, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or Section 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Resolution, Officers’ Officer’s Certificate of the Company or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 7 contracts

Samples: Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.), Indenture (Lument Finance Trust, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 301, Sections 1302 and 1303 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section Sections 1302 and Section 1303 applied to any Securities or any series of Securities, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or Section 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Resolution, Officers’ Certificate of the Company Company, one or more indentures supplemental hereto or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 6 contracts

Samples: Indenture (Ares Management Corp), Indenture (Ares Management Lp), Indenture (EnerSys)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 301, Sections 1302 and 1303 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section Sections 1302 and Section 1303 applied to any Securities or any series of Securities, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or Section 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Resolution, Officers’ Officer’s Certificate of the Company Company, one or more indentures supplemental hereto or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 3 contracts

Samples: Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 301, Sections 1302 and 1303 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section Sections 1302 and Section 1303 applied to any Securities or any series of Securities, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or Section 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Board Resolution, Officers’ Officer’s Certificate of the Company or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 2 contracts

Samples: Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 3013.01, Sections 1302 13.02 and 1303 13.03 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section 1302 Sections 13.02 and Section 1303 13.03 applied to any Securities or any series of Securities, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1302 13.02 or Section 130313.03, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Resolution, Officers’ Certificate of the Company Company, one or more indentures supplemental hereto or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 2 contracts

Samples: Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 3013.01, Sections 1302 13.02 and 1303 13.03 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article XIII13; and the Company may elect, at its option at any time, to have Section 1302 13.02 and Section 1303 13.03 applied to any Securities or any series of Securities, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1302 or 13.02 and Section 130313.03, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article XIII13. Any such election shall be evidenced by a Company Resolution, Officers’ Certificate of the Company or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 1 contract

Samples: Indenture (KKR & Co. Inc.)

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Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 301, Sections 1302 and 1303 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section Sections 1302 and Section 1303 applied to any Securities or any series of Securities, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or Section 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Resolution, Officers’ Certificate of the Company or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Indenture (Blackstone Group L.P.)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section 3013.01, Sections 1302 13.02 and 1303 13.03 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article XIII; and the Company may elect, at its option at any time, to have Section 1302 Sections 13.02 and Section 1303 13.03 applied to any Securities or any series of Securities, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1302 13.02 or Section 130313.03, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article XIII. Any such election shall be evidenced by a Company Resolution, Officers’ Officer’s Certificate of the Company Company, one or more indentures supplemental hereto or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 1 contract

Samples: Indenture (Blue Owl Capital Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise provided as contemplated by Section ‎Section 301, Sections 1302 ‎1302 and 1303 ‎1303 shall apply to all Securities and each series of Securities, denominated in U.S. dollars and bearing interest at a fixed rate, in accordance with any applicable requirements provided pursuant to Section ‎Section 301 and upon compliance with the conditions set forth below in this Article ‎Article XIII; and the Company may elect, at its option at any time, to have Section 1302 Sections ‎1302 and Section 1303 ‎1303 applied to any Securities or any series of Securities, designated pursuant to Section ‎Section 301 as being defeasible pursuant to such Section ‎Section 1302 or Section 1303‎1303, in accordance with any applicable requirements provided pursuant to Section ‎Section 301 and upon compliance with the conditions set forth below in this Article ‎Article XIII. Any such election shall be evidenced by a Company Board Resolution, Officers’ Officer’s Certificate of the Company or in another manner specified as contemplated by Section ‎Section 301 for such Securities.

Appears in 1 contract

Samples: Indenture (Reynolds Presto Products Inc.)

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