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

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIV. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 12 contracts

Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Helix Energy Solutions Group Inc), Subordinated Indenture (Enbridge Pipelines (Texas Gathering) L.P.)

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Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied apply to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution Resolution, Officer’s Certificate or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 12 contracts

Samples: Indenture (Mind Medicine (MindMed) Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (EyePoint Pharmaceuticals, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 15.02 or Section 13.03 15.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 15.02 or 13.0315.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the applicable conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 10 contracts

Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 15.02 or Section 13.03 15.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 15.02 or 13.0315.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 10 contracts

Samples: Indenture (Lynden USA Inc.), Indenture (Davis Petroleum Corp.), Bold Energy III LLC

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIV13. Any such election shall be evidenced by a one or more Board Resolution Resolutions, Officers’ Certificates, indentures supplemental hereto, or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 8 contracts

Samples: Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 Sections 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIV13. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 6 contracts

Samples: Indenture (LTC Properties Inc), LTC Properties Inc, Indenture (Capstead Mortgage Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, Securities designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIV. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesArticle.

Appears in 5 contracts

Samples: MRM Capital Trust Iii, MRM Capital Trust Iii, Mutual Risk Management LTD

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 12.2 or Section 13.03 12.3 applied to any Securities or any series of Securities, as the case may be, Securities designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 12.2 or 13.0312.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIV12. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 4 contracts

Samples: Indenture (Embraer S.A.), Indenture (Embraer S.A.), Embraer S.A.

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 Sections 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIV13. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 4 contracts

Samples: Indenture (LTC Properties Inc), LTC Properties Inc, Indenture (LTC Properties Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIV13. Any such election shall be evidenced by a one or more Board Resolution Resolutions, Officer’s Certificates, indentures supplemental hereto, or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 4 contracts

Samples: Note (Axos Financial, Inc.), Note (Axos Financial, Inc.), Indenture (Axos Financial, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, Securities designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIV13. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 4 contracts

Samples: Embraer S.A., Embraer Netherlands Finance B.V., Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities. With respect to any series subject to conversion or exchange, the terms of any defeasance shall be specified pursuant to Section 3.01.

Appears in 4 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Marathon Oil Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIV. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesArticle.

Appears in 3 contracts

Samples: Franklin Financial Network Inc., Indenture (GreenHunter Energy, Inc.), Indenture (Magnum Hunter Resources Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 15.2 or Section 13.03 15.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 15.2 or 13.0315.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 3 contracts

Samples: Indenture (California Resources Real Estate Ventures, LLC), California Resources Production Corp, California Resources Production Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution Resolution, Officer’s Certificate or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 3 contracts

Samples: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc), Indenture (Rosetta Stone Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution Company Resolution, Officer’s Certificate or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 2 contracts

Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 14.02 or Section 13.03 14.03 applied to any Securities or any series of Securities, as the case may be, Securities designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 14.02 or 13.0314.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 2 contracts

Samples: Indenture (Petrobras International Finance Co), Petrobras International Finance Co

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any 60 applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIV. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 2 contracts

Samples: Subordinated Indenture (Helix Energy Solutions Group Inc), Harvest Natural Resources, Inc.

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIV. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 2 contracts

Samples: Subordinated Indenture (Magnum Hunter Resources Corp), Subordinated Indenture (GreenHunter Energy, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities. SECTION 13.02.

Appears in 2 contracts

Samples: Toro Co, Toro Co

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Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced evidence by a Board Resolution or in another any other manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: Indenture (Rex Energy I, LLC)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or Section 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: Indenture (Canadian National Railway Co)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 12.2 or Section 13.03 12.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 12.2 or 13.0312.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 1 contract

Samples: PHX Minerals Inc.

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and in Article XIV. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: Subordinated Indenture (DXP Enterprises Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The issuing Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, not designated pursuant to Section 3.01 as being defeasible indefeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIV13. Any such election shall be evidenced by a Board Resolution or Officers’ Certificate or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: Berkshire Hathaway Finance Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The issuing Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, not designated pursuant to Section 3.01 as being defeasible indefeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIV13. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: Berkshire Hathaway Finance Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 15.2 or Section 13.03 15.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 15.2 or 13.03Section 15.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 1 contract

Samples: California Resources Real Estate Ventures, LLC

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 12.02 or Section 13.03 12.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 12.02 or 13.0312.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced or authorized by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: May Department Stores Co

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 11.02 or Section 13.03 11.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 Sections 11.02 or 13.0311.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: Medpartners Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, not designated pursuant to Section 3.01 3.1 as being defeasible indefeasible pursuant to such Section 13.02 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 1 contract

Samples: Berkshire Hathaway Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The issuing Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, not designated pursuant to Section 3.01 as being defeasible indefeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: Berkshire Hathaway Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 or Section 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 as being defeasible pursuant to such Section 13.02 or 13.03, in accordance with any applicable requirements provided pursuant to Section 3.01 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by a Board Resolution delivered to the Trustee or in another manner specified as contemplated by Section 3.01 for such Securities.

Appears in 1 contract

Samples: United Parcel Service Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 13.02 13.2 or Section 13.03 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.01 3.1 as being defeasible pursuant to such Section 13.02 13.2 or 13.0313.3, in accordance with any applicable requirements provided pursuant to Section 3.01 3.1 and upon compliance with the conditions set forth below in this Article and Article XIVArticle. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities.

Appears in 1 contract

Samples: PHX Minerals Inc.

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