Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 12 contracts
Samples: Merger Agreement (Davita Inc), Merger Agreement (Physicians Management, LLC), Davita Healthcare Partners Inc.
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the CompanyDirectors, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.038.3.
Appears in 10 contracts
Samples: Indenture (Webcraft LLC), Novink (World Color Press Inc.), Indenture (Vertis Inc)
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes Securities upon compliance with the conditions set forth in Section 8.038.3.
Appears in 6 contracts
Samples: Fisher Scientific International Inc, Big Flower Holdings Inc/, Fisher Scientific International Inc
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes Securities upon compliance with the conditions set forth in Section 8.03.
Appears in 4 contracts
Samples: Indenture (Bway Corp), Indenture (BWAY Holding CO), Bway Corp
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes Securities upon compliance with the conditions set forth in Section 8.039.03.
Appears in 3 contracts
Samples: Indenture (Roma Fort Worth Inc), Indenture (Scot Inc), Cadmus Communications Corp/New
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (bSection 8.02(b) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 2 contracts
Samples: Renal Treatment (Davita Inc.), Davita Inc.
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution resolution of the its Board of Directors of the CompanyDirectors, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes Securities upon compliance with the conditions set forth in Section 8.038.3.
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Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution Resolutions of the Board Boards of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes Securities upon compliance with the conditions set forth in Section 8.038.3.
Appears in 1 contract
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes (determined in accordance with Section 2.08) upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: Royal Oak Mines Inc
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes Debentures upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: MTL Inc
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes Securities upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: Pacer Express Inc
Legal Defeasance and Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have either the Legal Defeasance option or the Covenant Defeasance option in paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.0312.03.
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