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

Option to Effect Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution of its Board of Directors, a copy of which shall be delivered to the Trustee, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 4 contracts

Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)

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Option to Effect Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution of its Board of Directors, a copy of which shall be delivered to the TrusteeResolution, at any time, elect to have either Section 8.02 9.2 or 8.03 9.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.

Appears in 2 contracts

Samples: Indenture (Harperprints Inc), Indenture (R&b Falcon Corp)

Option to Effect Defeasance or Covenant Defeasance. The Company may, at the its option of its Board of Directors evidenced by a resolution of its the Board of Directors, a certified copy of which shall be has been delivered to the Trustee, at any time, with respect to the Securities, elect to have either Section 8.02 11.02 or 8.03 hereof Section 11.03 be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 811.

Appears in 2 contracts

Samples: Indenture (Associated Materials Inc), Indenture (Associated Materials Inc)

Option to Effect Defeasance or Covenant Defeasance. The Company may, at the its option of its by Board of Directors evidenced by a resolution of its Board of Directors, a copy of which shall be delivered to the TrusteeResolution, at any time, with respect to the Notes, elect to have either Section 8.02 or Section 8.03 hereof be applied to all Notes and Subsidiary Guarantees then outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Duane Reade Inc)

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Option to Effect Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution of its Board of Directors, a copy of which shall be delivered to the TrusteeResolution, at any time, elect to have either Section 8.02 9.2 or 8.03 9.3 hereof be applied to all outstanding Notes Debentures upon compliance with the conditions set forth below in this Article 89.

Appears in 1 contract

Samples: Indenture (R&b Falcon Corp)

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