Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 26 contracts
Samples: Intercreditor Agreement (Erickson Air-Crane Inc.), Indenture (Ply Gem Holdings Inc), Intercreditor Agreement (Headwaters Inc)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 25 contracts
Samples: Supplemental Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Refinancing Agreement (Warner Music Group Corp.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 20 contracts
Samples: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and option, at any time, elect to have either paragraph (bSection 8.1(b) or (c) below be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth in Section 8.038.2.
Appears in 20 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Cemex Sab De Cv
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.039.03.
Appears in 14 contracts
Samples: Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Sixteenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and by Board Resolution of the Board of Directors of the Issuer, at any time, elect to have either 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 10 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (bSection 8.02(b) or (c8.02(c) below be applied to all outstanding Notes upon compliance with the conditions set forth below in Section 8.03this Article Eight.
Appears in 7 contracts
Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Alere Inc.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and by Board Resolution of the Board of Directors of the Issuer, at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes and this Indenture upon compliance with the conditions set forth in Section 8.03.
Appears in 5 contracts
Samples: Cargo Aircraft (Air Transport Services Group, Inc.), Supplemental Indenture (PGT Innovations, Inc.), PGT Innovations, Inc.
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and option, at any time, elect to have either paragraph (bSection 8.1(b) or (cSection 8.1(c) below be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth in Section 8.038.2.
Appears in 5 contracts
Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.0310.03.
Appears in 5 contracts
Samples: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.0313.2.
Appears in 5 contracts
Samples: Supplemental Indenture (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.), Supplemental Indenture (CareTrust REIT, Inc.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (bSection 8.02(b) or (c) below be applied to all outstanding the Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 4 contracts
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and by Board Resolutions of the Boards of Directors of the Issuer, at any time, elect to have either 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 4 contracts
Samples: Indenture (Aventine Renewable Energy Holdings Inc), Indenture (Clean Harbors Inc), Clean Harbors Inc
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either 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: Supplemental Indenture (Warner Music Group Corp.), Global Crossing LTD, Global Crossing Uk Telecommunications LTD
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.038.03 hereof.
Appears in 3 contracts
Samples: Indenture (Seitel Inc), Indenture (Matrix Geophysical, Inc.), Seitel Inc
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and by Board Resolution of the Board of Directors of each Issuer, at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 2 contracts
Samples: Universal City Travel Partners, Universal City Travel Partners
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its option and their option, at any time, elect to have either paragraph (b) or (c) below of this Section 8.1 be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth in Section 8.038.2.
Appears in 2 contracts
Samples: Elan Finance (Elan Corp PLC), Indenture (Elan Corp PLC)
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes of a particular series upon compliance with the conditions set forth in Section 8.03.
Appears in 2 contracts
Samples: Pocatello Idaho Property, L.L.C., Pocatello Idaho Property, L.L.C.
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (b) or paragraph (c) below be applied to all the outstanding Notes upon compliance with the applicable conditions set forth in Section 8.03paragraph (d).
Appears in 2 contracts
Samples: Indenture, (Tcby of Australia, Inc.), Indenture (MRS Fields Financing Co Inc)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and option, at any time, elect to have either paragraph (b) or (c) below of this Section 8.1 be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth in Section 8.038.2.
Appears in 2 contracts
Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its option and their option, at any time, elect to have either paragraph (b) or (c) below of this Section 8.1 be applied to all outstanding Outstanding Notes of any series upon compliance with the conditions set forth in Section 8.038.2.
Appears in 2 contracts
Samples: Elan Corp PLC, Indenture (Elan Corp PLC)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and option, at any time, elect to have either paragraph (bSection 8.1(b) or (cSection 8.1(c) below be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth in Section 8.03Section 8.2.
Appears in 1 contract
Samples: Indenture (Cemex Sab De Cv)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or paragraph (c) below be applied to all the outstanding Notes and all obligations of the Guarantors upon compliance with the applicable conditions set forth in Section 8.03paragraph (d).
Appears in 1 contract
Samples: Indenture (Verrazano,inc.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or (c) below be applied to all the outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: CPI International, Inc.
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and by Board Resolution of the Board of Directors of each such Issuer, at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.039.03.
Appears in 1 contract
Samples: Indenture (GPPW Inc)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or paragraph (c) below be applied to all the outstanding Notes upon compliance with the applicable conditions set forth in Section 8.03paragraph (d).
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Edgen Murray PLC)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and by Board Resolution of the Board of Directors of the Issuer, at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and by Board Resolutions of the Board of Directors of the Issuer, at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes Securities of a series upon compliance with the conditions set forth in Section 8.038.3.
Appears in 1 contract
Samples: Clean Harbors Inc
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph clause (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: Indenture (Nortek Inc)
Legal Defeasance and Covenant Defeasance. (a) (a) The Issuer Issuers may, at its their option and at any time, elect to have either 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 1 contract
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and option, at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.038.2, elect to have either Section 8.1(b) or Section 8.1(c) be applied to its obligations with respect to all Outstanding Notes.
Appears in 1 contract
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its option and their option, at any time, time elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon Securities, subject in either case to compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: Crescent Finance Co
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: Warner Chilcott PLC
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and by Board Resolution at any time, with respect to the Notes, elect to have either paragraph (b) or paragraph (c) below be applied to all the outstanding Notes upon compliance with the conditions set forth in Section 8.03paragraph (d).
Appears in 1 contract
Samples: Jazztel PLC
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its option and their option, at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth in Section 8.03.8.3. -----------
Appears in 1 contract
Samples: Advanced Glassfiber Yarus LLC
Legal Defeasance and Covenant Defeasance. (ab) The Issuer Issuers may, at its their option and at any time, elect to have either paragraph (bSection 8.02(b) or (c) below be applied to all outstanding the Notes upon compliance with the conditions set forth in Section 8.03.
Appears in 1 contract
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer may, at its option and at any time, elect to have either paragraph (b) or (c) below be applied to all outstanding Notes upon compliance with the conditions set forth in Section 8.0313.2.
Appears in 1 contract
Samples: Sabra Health Care Limited Partnership (Sabra Health Care REIT, Inc.)
Legal Defeasance and Covenant Defeasance. (a) The Issuer Issuers may, at its their option and at any time, elect to have either 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 1 contract
Samples: Indenture (Global Net Lease, Inc.)
