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

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

Appears in 8 contracts

Samples: Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO

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Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer may elect, at its option at any time, to have Section 12.2 1402 or Section 12.3 1403 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.1 301 as being defeasible pursuant to such Section 12.2 1402 or 12.31403, in accordance with any applicable requirements provided pursuant to Section 3.1 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution; in a supplemental indenture Resolution or in another manner specified as contemplated by Section 3.1 301 for such Securities.

Appears in 7 contracts

Samples: Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.)

Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer may elect, at its option at any time, to have Section 12.2 14.2 or Section 12.3 14.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.1 as being defeasible pursuant to such Section 12.2 14.2 or 12.314.3, in accordance with any applicable requirements provided pursuant to Section 3.1 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution; in a supplemental indenture Resolution or in another manner specified as contemplated by Section 3.1 for such Securities.

Appears in 6 contracts

Samples: Brookfield (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.)

Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer may elect, at its option at any time, to have Section 12.2 1202 or Section 12.3 1203 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.1 301 as being defeasible pursuant to such Section 12.2 1202 or 12.31203, in accordance with any applicable requirements provided pursuant to Section 3.1 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution; in a supplemental indenture or in another manner specified as contemplated by Section 3.1 301 for such Securities.

Appears in 3 contracts

Samples: Energy Income & Growth Fund, Energy Income & Growth Fund, Energy Income & Growth Fund

Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer Issuers may elect, at its their option at any time, to have Section 12.2 13.02 or Section 12.3 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.1 3.01 as being defeasible pursuant to such Section 12.2 13.02 or 12.313.03, in accordance with any applicable requirements provided pursuant to Section 3.1 3.01 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution; in a supplemental indenture Resolution or in another manner specified as contemplated by Section 3.1 3.01 for such Securities.

Appears in 3 contracts

Samples: Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc.

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Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer Issuers may elect, at its option at any time, to have Section 12.2 1302 or Section 12.3 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.1 301 as being defeasible pursuant to such Section 12.2 1302 or 12.31303, in accordance with any applicable requirements provided pursuant to Section 3.1 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution; in a supplemental indenture Resolution or in another manner specified as contemplated by Section 3.1 301 for such Securities.

Appears in 1 contract

Samples: Iridium Facilities Corp

Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer Issuers may elect, at its their option at any time, to have Section 12.2 1402 or Section 12.3 1403 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 3.1 301 as being defeasible pursuant to such Section 12.2 1402 or 12.31403, in accordance with any applicable requirements provided pursuant to Section 3.1 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution; in a supplemental indenture Resolution or in another manner specified as contemplated by Section 3.1 301 for such Securities.

Appears in 1 contract

Samples: Atlas Energy Resources, LLC

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