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 1402 or Section 1403 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1402 or 1403, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. 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 7 contracts

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

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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 1402 14.2 or Section 1403 14.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1402 14.2 or 140314.3, 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. 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 6 contracts

Samples: Subordinated Indenture (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 1402 1202 or Section 1403 1203 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1402 1202 or 14031203, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution Resolution; in a supplemental indenture or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 3 contracts

Samples: Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (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 1402 13.02 or Section 1403 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1402 13.02 or 140313.03, 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. 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 3 contracts

Samples: Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Subordinated Debt Indenture (Jefferies Group Capital Finance Inc.)

Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer may elect, at its option at any time, to have Section 1402 1502 or Section 1403 1503 applied to any Guaranteed Securities or any series of Guaranteed Securities, as the case may be, (unless designated pursuant to Section 301 as not being defeasible pursuant to such Section 1402 1502 or 14031503), in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution of the Issuer or in another manner specified as contemplated by Section 301 for such Guaranteed Securities.

Appears in 1 contract

Samples: Indenture (United Dominion Holdings Inc)

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Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer Issuers may elect, at its their option at any time, to have Section 1402 or Section 1403 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1402 or 1403, in accordance with any applicable requirements provided pursuant to Section 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 or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Senior Indenture (Atlas Energy Resources, LLC)

Issuer’s Option to Effect Defeasance or Covenant Defeasance. The Issuer Issuers may elect, at its option at any time, to have Section 1402 1302 or Section 1403 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1402 1302 or 14031303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. 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 (Iridium Facilities Corp)

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