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 designated pursuant to Section 301(15), the Securities of any series of Securities shall be subject to defeasance or covenant defeasance pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. The Company may elect, at its option, at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities so subject to defeasance or covenant defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 23 contracts

Samples: Coffeyville Resources, LLC, Indenture (Burleson Water Resources, LLC), Indenture (Burleson Water Resources, LLC)

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Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise designated pursuant to Section 301(153.01(15), the Securities of any series of Securities shall be subject to defeasance or covenant defeasance pursuant to such Section 1302 13.02 or 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. The Company may elect, at its option, at any time, to have Section 1302 13.02 or Section 1303 13.03 applied to any Securities or any series of Securities so subject to defeasance or covenant defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 10 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise designated pursuant to Section 301(153.01(15), the Securities of any series of Securities shall be subject to defeasance or covenant defeasance pursuant to such Section 1302 12.02 or 1303Section 12.03, 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. The Company may elect, at its option, at any time, to have Section 1302 12.02 or Section 1303 12.03 applied to any Securities or any series of Securities so subject to defeasance or covenant defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 9 contracts

Samples: Indenture (Enflex Corp), Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise designated pursuant to Section 301(153.01(15), the Securities of any series of Securities shall be subject to defeasance or covenant defeasance pursuant to such Section 1302 13.02 or 1303Section 13.03, 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. The Company may elect, at its option, at any time, to have Section 1302 13.02 or Section 1303 13.03 applied to any Securities or any series of Securities so subject to defeasance or covenant defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 6 contracts

Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise designated pursuant to Section 301(15)301, the Securities of any series of Securities shall be subject to defeasance or covenant defeasance 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. The Company may elect, at its option, at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities so subject to defeasance Defeasance or covenant defeasanceCovenant Defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 3 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy E&P LLC), Indenture (Diamondback Energy, Inc.)

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Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise designated pursuant to Section 301(153.1(15), the Securities of any series of Securities shall be subject to defeasance or covenant defeasance pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. The Company may elect, at its option, at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities so subject to defeasance or covenant defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 2 contracts

Samples: Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise designated pursuant to Section 301(153.1(16), the Securities of any series of Securities shall be subject to defeasance or covenant defeasance pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. The Company may elect, at its option, at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities so subject to defeasance or covenant defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 1 contract

Samples: Indenture (American Safety Insurance Holdings LTD)

Company’s Option to Effect Defeasance or Covenant Defeasance. Unless otherwise designated pursuant to Section 301(15), the Securities of any series of Securities shall be subject to defeasance or covenant defeasance pursuant to such Section 1302 or 13031303 , in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. The Company may elect, at its option, at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities so subject to defeasance or covenant defeasance. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Indenture (Cott USA Finance LLC)

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