Common use of Company's Option to Effect Clause in Contracts

Company's Option to Effect. Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is --------------------------------- made for either or both of (i) defeasance of the Securities of or within a series under Section 1402 or (ii) covenant defeasance of the Securities of or within a series under Section 1403 to be applicable to the Securities of any series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to Section 1402 (if applicable) or Section 1403 (if applicable) upon compliance with the conditions set forth below in this Article.

Appears in 5 contracts

Samples: McLeodusa Inc, Security Capital U S Realty, Security Capital Group Inc/

AutoNDA by SimpleDocs

Company's Option to Effect. Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is --------------------------------- made for either or both of (ia) defeasance of the Securities of or within a series under Section 1402 or (iib) covenant defeasance of the Securities of or within a series under Section 1403 to be applicable to the Securities of any series1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 4 contracts

Samples: Airgas Inc, NVR Inc, Level 3 Communications Inc

Company's Option to Effect. Defeasance or Covenant Defeasance. If, Defeasance --------------------------------- If pursuant to Section 301, 301 provision is --------------------------------- made for either or both of (ia) defeasance of the Securities of or within a series under Section 1402 or (iib) covenant defeasance of the Securities of or within a series under Section 1403 to be applicable to the Securities of any series1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Clearone Communications Inc

Company's Option to Effect. Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is --------------------------------- ----------- made for either or both of (i) defeasance of the Securities of or within a series under Section 1402 1402, or (ii) covenant defeasance of the Securities of or ------------- within a series under Section 1403 to be applicable to the Securities of any ------------ series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any ----------- Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to Section 1402 (if applicable) or Section 1403 (if applicable) upon ------------ ------------ compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Homestead Village Inc)

Company's Option to Effect. Defeasance or Covenant DefeasanceDEFEASANCE OR COVENANT DEFEASANCE. If, pursuant to Section 301, provision is --------------------------------- made for either or both of (ia) defeasance of the Debt Securities of or within a series under Section 1402 or (iib) covenant defeasance of the Debt Securities of or within a series under Section 1403 to be applicable to the Securities of any series1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any such Debt Securities), shall be applicable to such Debt Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Debt Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Debt Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article. Unless otherwise specified pursuant to Section 301, the Company's right, if any, to elect defeasance pursuant to Section 1402 or covenant defeasance pursuant to Section 1403 may only be exercised with respect to all of the Outstanding Debt Securities of any series.

Appears in 1 contract

Samples: Bre Properties Inc /Md/

Company's Option to Effect. Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is --------------------------------- ----------- made for either or both of (i) defeasance of the Securities of or within a series under Section 1402 1402, or (ii) covenant defeasance of the Securities of or ------------ within a series under Section 1403 to be applicable to the Securities of any ------------ series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any ----------- Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to Section 1402 (if applicable) or Section 1403 (if applicable) upon ------------ ------------ compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Homestead Village Inc

AutoNDA by SimpleDocs

Company's Option to Effect. Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is --------------------------------- made for either or both of (i) defeasance of the Securities of or within a series under Section 1402 or (ii) covenant defeasance of the Securities of or within a series under Section 1403 to be applicable to the Securities of any seriesseries (in whole and not in part), then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining theretothereto (in whole and not in part), and the Company may at its option by Board ResolutionResolution (a copy of which shall be delivered to the Trustee), at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to Section 1402 (if applicable) or Section 1403 (if applicable) upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: McLeodusa Inc

Company's Option to Effect. Defeasance or Covenant Defeasance. If, --------------------------------- If pursuant to Section 301, 301 provision is --------------------------------- made for either or both of (ia) defeasance of the Securities of or within a series under Section 1402 or (iib) covenant defeasance of the Securities of or within a series under Section 1403 to be applicable to the Securities of any series1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease such Outstanding Securities and any coupons appertaining thereto pursuant to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Clearone Communications Inc)

Company's Option to Effect. Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is --------------------------------- made for either or both of (ia) defeasance of the Securities of or within a series under Section 1402 1302 or (iib) covenant defeasance of the Securities of or within a series under Section 1403 to be applicable to the Securities of any series1303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to defease have Section 1302 (if applicable) or Section 1303 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto pursuant to Section 1402 (if applicable) or Section 1403 (if applicable) upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: NVR Inc

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!