Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 or Section 12.03 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 13 contracts
Samples: Senior Indenture (Greenbrier Rail Holdings I, LLC), Subordinated Indenture (Greenbrier Rail Holdings I, LLC), Senior Subordinated Indenture (Wynne Systems Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 12.2 or Section 12.03 12.3 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 11 contracts
Samples: Indenture (NBH Holdings Co Inc), Indenture (Fox Kids Worldwide Inc), Indenture (United Rentals North America Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1402 or Section 12.03 1403 applied to the Outstanding Securities (as a whole and not in part) Notes, upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board ResolutionResolution delivered to the Trustee.
Appears in 11 contracts
Samples: Supplemental Indenture (Concho Resources Inc), Thirteenth Supplemental Indenture (Concho Resources Inc), Twelfth Supplemental Indenture (Concho Resources Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may electmay, at its option by Board Resolution, at any time, with respect to the Securities, elect to have either Section 12.02 12.2 or Section 12.03 12.3 hereof be applied to the all Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board ResolutionArticle XII.
Appears in 9 contracts
Samples: Indenture (Ocean Energy Inc), Indenture (Ocean Energy Inc), Indenture (Nuevo Energy Co)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may electmay, at its option by Board Resolution, at any time, with respect to the Securities, elect to have either Section 12.02 11.2 or Section 12.03 11.3 hereof be applied to the all Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board ResolutionArticle XI.
Appears in 8 contracts
Samples: Indenture (Xto Energy Inc), Indenture (Pogo Producing Co), Indenture (Pogo Producing Co)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1202 or Section 12.03 1203 applied to the Outstanding any Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 6 contracts
Samples: Indenture (Gogo Inc.), Indenture (Gogo Inc.), Senior Indenture (Third Point Reinsurance Ltd.)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1302 or Section 12.03 1303 applied to the Outstanding any Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Fisher Scientific International Inc), Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (Phoenix Companies Inc/De)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 14.02 or Section 12.03 14.03 applied to the Outstanding any Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 6 contracts
Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Gsi Commerce Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 or Section 12.03 applied to any series of the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 5 contracts
Samples: Indenture (Avon Products Inc), Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution, at any time, elect to have either Section 12.02 13.02 or Section 12.03 13.03 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board ResolutionArticle Thirteen.
Appears in 4 contracts
Samples: Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Usa Inc /De/)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution, at any time, elect to have either Section 12.02 or Section 12.03 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board ResolutionArticle XII.
Appears in 4 contracts
Samples: Indenture (Texas Unwired), Indenture (Texas Unwired), Indenture (Rural Cellular Corp)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1402 or Section 12.03 1403 applied to the Outstanding any Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 4 contracts
Samples: Subordinated Indenture (Principal Financial Services Inc), Junior Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 13.02 or Section 12.03 13.03 applied to the Outstanding any Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 4 contracts
Samples: Senior Indenture (Lincoln National Corp), Senior Indenture (Knoll Inc), Senior Indenture (Gsi Commerce Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may electmay, at its option option, by resolution of 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 outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board ResolutionArticle 11.
Appears in 4 contracts
Samples: Indenture (Home Depot Inc), Indenture (Republic Group Inc), Indenture (Home Depot Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option option, at any time, to have Section 12.02 9.02 or Section 12.03 9.03 hereof applied to the Outstanding outstanding Securities (as a in whole and not in part) upon compliance with the conditions set forth below in this Article. Any Article 9, such election shall to be evidenced by a Board ResolutionResolution delivered to the Trustee.
Appears in 4 contracts
Samples: Indenture (Nabors Industries Inc), Indenture (Trend Drilling Co), Indenture (Di Industries Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution, at any time, elect to have either Section 12.02 12.2 or Section 12.03 12.3 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board ResolutionArticle Twelve.
Appears in 3 contracts
Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1402 or Section 12.03 1403 applied to the Outstanding Securities (as a whole and not in part) Notes, upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in a Board ResolutionResolution set forth in an Officers’ Certificate delivered to the Trustee.
Appears in 3 contracts
Samples: First Supplemental Indenture (Approach Resources Inc), Second Supplemental Indenture (Oasis Petroleum Inc.), First Supplemental Indenture (Oasis Petroleum Inc.)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 7.02 or Section 12.03 7.03 applied to the Outstanding Securities Notes (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Alleghany Corp /De), First Supplemental Indenture (Alleghany Corp /De), Fourth Supplemental Indenture (HCC Insurance Holdings Inc/De/)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 13.2 or Section 12.03 13.3 applied to any Securities or any series of Securities, as the Outstanding Securities (case may be, designated pursuant to Section 3.1 as a whole being defeasible pursuant to such Section 13.2 or 13.3, in accordance with any applicable requirements provided pursuant to Section 3.1 and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Everest Re Capital Trust), Junior Subordinated Indenture (Everest Re Group LTD)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Except as otherwise specified as contemplated by Section 301 for Securities of any series, the provisions of this Article Thirteen shall apply to each series of Securities, and the Company may elect, at its option at any time, to have Section 12.02 1302 or Section 12.03 1303 applied to the Outstanding any Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 2 contracts
Samples: Senior Indenture (EAM Corp), Senior Indenture (Domtar Paper Company, LLC)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 or Section 12.03 applied to the Outstanding Securities (as a whole and not in part) Notes of any series upon compliance with the conditions set forth below in this ArticleArticle 12. Any such election shall be evidenced by a Board Court Resolution.
Appears in 2 contracts
Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 7.02 or Section 12.03 7.03 below applied to the Outstanding Securities Notes (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 2 contracts
Samples: Fifth Supplemental Indenture (Alleghany Corp /De), Fourth Supplemental Indenture (Alleghany Corp /De)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 or Section 12.03 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Samples: Indenture (Avon Products Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 14.2 or Section 12.03 14.3 applied to the Outstanding any Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Lincoln National Corp)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1102 or Section 12.03 1103 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Samples: Indenture (Avon Products Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 14.02 or Section 12.03 14.03 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option option, at any time, elect to have either Section 12.02 13.02 or Section 12.03 13.03 applied to the Outstanding Securities (of any series designated pursuant to Section 2.02 as a whole being defeasable pursuant to Section 13.02 or 13.03, in accordance with applicable requirements provided pursuant to Section 2.02 and not in part) upon compliance with the conditions set forth below in this ArticleArticle Thirteen. Any such election shall be evidenced by a Board ResolutionResolution or in another manner specified as contemplated in Section 2.02 for such Securities.
Appears in 1 contract
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1302 or Section 12.03 1303 applied to the Outstanding Securities (as a whole and not in part) Notes, upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in a Board ResolutionResolution set forth in an Officers’ Certificate delivered to the Trustee.
Appears in 1 contract
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1302 or Section 12.03 1303 of this Indenture applied to the Outstanding Securities (as a whole and not in part) Notes, upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in a Board ResolutionResolution set forth in an Officers’ Certificate delivered to the Trustee.
Appears in 1 contract
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1302 or Section 12.03 1303 applied to the Outstanding Securities (as a whole and not in part) Notes, upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in a Board ResolutionResolution set forth in an Officer’s Certificate delivered to the Trustee.
Appears in 1 contract
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 11.02 or Section 12.03 11.03 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Samples: Indenture (Avon Products Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution, at any time, in accordance with the Exchange and Registration Rights Agreement, elect to have either Section 12.02 or Section 12.03 applied to the Outstanding Securities (as a whole and not in part) upon ----- ----- compliance with the conditions set forth below in this ArticleArticle 12. Any such election shall be evidenced by a Board Resolution.--
Appears in 1 contract
Samples: Indenture (Rite Aid Corp)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 1302 or Section 12.03 1303 applied to the Outstanding Securities (as a whole and not in part) Notes upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 12.2 or Section 12.03 12.3 applied to the Outstanding Securities (as a whole and not in part) upon 119 compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Samples: Indenture (FLN Finance Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 13.02 or Section 12.03 13.03 applied to the Outstanding any Securities (as a whole and not in part) or series of Securities upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
Samples: Indenture (Chattem Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 8.2 or Section 12.03 8.3 applied to the Outstanding Securities (as a whole and not in part) Notes, upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in a Board ResolutionResolution set forth in an Officer’s Certificate delivered to the Trustee.
Appears in 1 contract
Samples: Indenture (Triangle Petroleum Corp)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 12.2 or Section 12.03 12.3 applied to the Outstanding Securities (as a whole and not in part) upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution.. -100- 110
Appears in 1 contract
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have either Section 12.02 11.02 or Section 12.03 11.03 applied to the Outstanding Securities (as a whole and not in part) the Guarantees endorsed thereon, upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board ResolutionArticle Eleven.
Appears in 1 contract
Samples: Indenture (Aetna Inc)
Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 12.02 8.02 or Section 12.03 8.03 applied to the Outstanding Securities (as a whole and not in part) any series of Notes upon compliance with the conditions set forth below in this ArticleARTICLE 8. Any such election shall be evidenced by a Board Resolution.
Appears in 1 contract
