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

Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Partnership may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 4 contracts

Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Gables Realty Limited Partnership), Indenture (Beacon Properties L P)

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Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 301, 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Partnership Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 2 contracts

Samples: Indenture (Quest Diagnostics Clinical Laboratories Inc /De/), Indenture (Quest Diagnostics Inc)

Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3013.01, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 14.02 or (b) covenant defeasance of the Securities of or within a series under Section 140314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 3.01 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Partnership Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 14.02 (if applicable) or Section 1403 14.03 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (American Campus Communities Inc)

Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 301, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or SectionsSections , as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Partnership may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Summit Properties Partnership L P)

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Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 301, 301 provision is made for either or both of (a) -82- 85 defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Partnership Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (SPX Corp)

Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3013.1, provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 14.2 or (b) covenant defeasance of the Securities of or within a series under Section 140314.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 3.1 with respect to any Securities), shall be applicable to such Securities and any coupons appertaining thereto, and the Partnership Company may at its option by Board Resolution, at any time, with respect to such Securities and any coupons appertaining thereto, elect to have Section 1402 14.2 (if applicable) or Section 1403 14.3 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this the Article.

Appears in 1 contract

Samples: Indenture (Berkshire Realty Co Inc /De)

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