MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If the terms of any particular series of Debt Securities shall have been established in a Board Resolution of the Company or an Officer's Certificate pursuant to a Board Resolution of the Company as contemplated by Section 3.01, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's Certificate, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's Certificate shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 and 12.06.
Appears in 2 contracts
Samples: Indenture (Devon Energy Corp/De), Indenture (Devon Financing Trust Ii)
MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in or pursuant to an Officer’s Certificate or a Board Resolution of the Company or an Officer's Certificate pursuant to a Board Resolution of the Company as contemplated by Section 3.01, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Officer’s Certificate or a supplemental Board Resolution of the Company or Officer's CertificateResolution, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Officer’s Certificate or supplemental Board Resolution of the Company or Officer's Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Officer’s Certificate or supplemental Board Resolution of the Company or Officer's Certificate shall be deemed to be a "“supplemental indenture" ” for purposes of Section 12.04 Sections 11.04 and 12.0611.06.
Appears in 2 contracts
Samples: Indenture (Cleco Corporate Holdings LLC), Indenture (Puget Energy Inc /Wa)
MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in a Board Resolution of the Company or pursuant to an Officer's Certificate pursuant to or a Board Resolution of the Company as contemplated by Section 3.01301, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's CertificateCertificate or a supplemental Board Resolution, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's Certificate or supplemental Board Resolution shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's Certificate or supplemental Board Resolution shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 1104 and 12.06.1106. ARTICLE TWELVE
Appears in 1 contract
Samples: Indenture (Dqe Capital Corp)
MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in a Board Resolution of the Company or an Officer's Certificate pursuant to or a Board Resolution of the Company as contemplated by Section 3.01301, and not in an indenture a supplemental heretoindenture, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's CertificateCertificate or a supplemental Board Resolution, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's Certificate or supplemental Board Resolution shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's Certificate or supplemental Board Resolution shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 1104 and 12.06.1106. ARTICLE TWELVE
Appears in 1 contract
Samples: Indenture (Tucson Electric Power Co)
MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in or pursuant to a Board Resolution of the Company or an Officer's Certificate pursuant to a supplemental indenture or Board Resolution of the Company as contemplated by Section 3.01301, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's Certificate, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's Certificate shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 1204 and 12.061206.
Appears in 1 contract
Samples: Subordinated Indenture (Southwestern Electric Power Co)
MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in or pursuant to a Board Company Resolution of the Company or an Officer's Certificate pursuant to a Board supplemental indenture or a Company Resolution of the Company as contemplated by Section 3.01301, and not in an indenture a supplemental heretoindenture, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Company Resolution of the Company or a supplemental Officer's Certificate, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Company Resolution of the Company or supplemental Officer's Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Company Resolution of the Company or supplemental Officer's Certificate shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 1204 and 12.06.1206 and a "supplemental indenture", "
Appears in 1 contract
MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in a Board Resolution of the Company or an Officer's Certificate pursuant to a Board Resolution of the Company or an Officer’s Certificate pursuant to a supplemental indenture or Board Resolution as contemplated by Section 3.013.1, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's ’s Certificate, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's ’s Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's ’s Certificate shall be deemed to be a "“supplemental indenture" ” for purposes of Section 12.04 12.4 and 12.0612.6.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Infinity Capital Trust I)