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

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 141 contracts

Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Viper Energy Partners LP), Indenture (B&G Foods, Inc.)

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Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, 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 118 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (Metaldyne Corp), Trico Marine Services (Trico Marine Services Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, 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 66 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 37 contracts

Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 8Eight.

Appears in 34 contracts

Samples: Supplemental Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 33 contracts

Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 28 contracts

Samples: Intercreditor Agreement (Sabre Corp), Intercreditor Agreement (Sabre Corp), Indenture (Sabre Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 12.02 or 8.03 hereof 12.03 be applied to all outstanding Notes Outstanding Securities upon compliance with the conditions set forth below in this Article 8XII.

Appears in 18 contracts

Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 18 contracts

Samples: Indenture (TransDigm Group INC), TransDigm Group INC, TransDigm Group INC

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

Appears in 18 contracts

Samples: Secured Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, 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 18 contracts

Samples: Hercules Inc, Indenture (Mueller Holdings (N.A.), Inc.), Indenture (Riverside Forest Products Marketing LTD)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.02 8.2 or 8.03 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 16 contracts

Samples: Indenture (Cinemark Inc), Indenture (Taylor Companies Inc), Indenture (SFC New Holdings Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 14 contracts

Samples: Indenture (Alta Equipment Group Inc.), Indenture (Fortrea Holdings Inc.), Indenture (MultiPlan Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 14 contracts

Samples: Fourth Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp), Indenture (Sba Communications Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, with respect to the Securities, elect to have exercise its rights pursuant to either Section 8.02 or 8.03 hereof be applied with respect to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 13 contracts

Samples: Indenture (Chesapeake BNR Corp.), Indenture (Chesapeake Royalty LLC), Indenture (Chesapeake Orc LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or Section 8.03 hereof be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 13 contracts

Samples: Indenture (Ero Copper Corp.), Indenture (New Gold Inc. /FI), Senior Notes Indenture (TTM Technologies Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 12 contracts

Samples: Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 12 contracts

Samples: Sensata Technologies Holding PLC, Sensata Technologies Holding PLC, Indenture (Plantronics Inc /Ca/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 8.2 or 8.03 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 11 contracts

Samples: Indenture (Venoco, Inc.), Indenture (Venoco, Inc.), Indenture (DENVER PARENT Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors and evidenced by a resolution set forth in an Officers’ Certificateof the Board of Directors and 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 11 contracts

Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Digex Inc/De)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 8Eight.

Appears in 10 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)

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

Appears in 10 contracts

Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, elect to have at any time, exercise its rights under either Section 8.02 or 8.03 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 10 contracts

Samples: Supplemental Indenture (Whiting Petroleum Corp), Trico Marine Services (Trico Marine Services Inc), Trico Marine Services (Trico Marine Services Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes Securities of any Series upon compliance with the conditions set forth below in this Article 8.

Appears in 10 contracts

Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (Toreador Resources Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, with respect to the Securities, elect to have exercise its rights pursuant to either Section 8.02 or 8.03 hereof be applied with respect to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 9 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Orc LLC), Indenture (Sap Acquisition LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 (“Legal Defeasance and Discharge”) or 8.03 (“Covenant Defeasance”) hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 9 contracts

Samples: Indenture (Vantage Drilling International), Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 8 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer's Certificate, 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 8 contracts

Samples: Collateral Agency and Security Agreement (Imperial Credit Industries Inc), Indenture (Metal Management Inc), Indenture (Reliant Energy Solutions LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and all obligations of the Guarantors upon compliance with the conditions set forth below in this Article 8.

Appears in 8 contracts

Samples: Indenture (Viavi Solutions Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 8 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ CertificateBoard Resolution, elect to have either Section 8.02 9.02 or 8.03 9.03 hereof be applied to all outstanding Notes and the Note Guarantees upon compliance with the conditions set forth below in this Article 89.

Appears in 8 contracts

Samples: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, with respect to the Notes, elect to have either Section 8.02 8.2 or 8.03 hereof 8.3 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 8 contracts

Samples: Indenture (Versatel Telecom International N V), Dollar Indenture (MDCP Acquisitions I), Dollar Indenture (MDCP Acquisitions I)

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

Appears in 8 contracts

Samples: Indenture (SB/RH Holdings, LLC), Supplemental Indenture (SB/RH Holdings, LLC), Supplemental Indenture (SB/RH Holdings, LLC)

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

Appears in 7 contracts

Samples: First Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and all obligations of the Guarantors with respect to the Guarantees upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 7 contracts

Samples: Indenture (Crescent Energy Co), Indenture (Crescent Energy Co), Indenture (Crescent Energy Co)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, with respect to the Securities of a series, elect to have exercise its rights pursuant to either Section 8.02 8.03 or 8.03 hereof be applied 8.04 with respect to all outstanding Notes Securities of such series upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 7 contracts

Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 8Eight.

Appears in 7 contracts

Samples: wfdetentions.files.wordpress.com, wfdetentions.files.wordpress.com, Indenture (Geo Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, and 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 7 contracts

Samples: Osullivan Industries Inc, Payless Shoesource Inc /De/, Stratosphere Leasing, LLC

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 8Eight.

Appears in 7 contracts

Samples: Indenture (Brigham Exploration Co), Indenture (Brigham Exploration Co), Indenture (Helix Energy Solutions Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, 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 8VIII.

Appears in 6 contracts

Samples: Signatures (Spirit AeroSystems Holdings, Inc.), Signatures (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, with respect to the Notes, 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 6 contracts

Samples: Rights Agreement, Indenture (Echostar Broadband Corp), Indenture (Echostar DBS Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ CertificateBoard Resolution, and at any time, elect to have either Section 8.02 13.2 or 8.03 Section 13.3 hereof be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8Thirteen.

Appears in 6 contracts

Samples: Indenture (Tetra Technologies Inc), TODCO Mexico Inc., TODCO Mexico Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, 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. If the Company exercises its option under this Section 8.01 with respect to either Section 8.02 or 8.03, each Guarantor will be released from all of its obligations with respect to its Guarantee.

Appears in 6 contracts

Samples: Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect at any time to have either Section 8.02 8.03 or 8.03 hereof Section 8.04 be applied to all outstanding Notes upon compliance with the conditions set forth below in the portions of this Article 88 relating Legal Defeasance and Covenant Defeasance.

Appears in 6 contracts

Samples: Indenture, Indenture (PDC Energy, Inc.), Indenture (PDC Energy, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the its option evidenced by a resolution of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, elect to have either Section 8.02 or Section 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 6 contracts

Samples: Indenture (Vistra Corp.), Vistra Corp., Vistra Corp.

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, 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 8VIII.

Appears in 6 contracts

Samples: Indenture (Alliance Gaming Corp), Indenture (Ocean Energy Inc), Ocean Energy Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, and at any time, elect to have either Section 8.02 13.2 or 8.03 Section 13.3 hereof be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8Thirteen.

Appears in 6 contracts

Samples: Alto Ingredients, Inc., Indenture (Globalstar, Inc.), Pacific Ethanol, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. (a) The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 6 contracts

Samples: Indenture (Viasat Inc), Supplemental Indenture (Maxar Technologies Inc.), Supplemental Indenture (Viasat Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers' Certificate, 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 8Eight.

Appears in 6 contracts

Samples: Indenture (Texas Industries Inc), Execution (Venture Holdings, Inc.), Indenture (Wackenhut Corrections Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all any Series of outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 6 contracts

Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Trinity Place Holdings Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, 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 6 contracts

Samples: Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its the Company’s Board of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, 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 6 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the its option evidenced by a resolution of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have its obligations and the obligations of any Guarantors discharged with respect to the then outstanding Notes in accordance with either Section 8.02 8.2 or 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below 8.3 as provided in this Article 8VIII.

Appears in 5 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (Total Gas & Electricity (PA) Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, 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 5 contracts

Samples: Indenture (Civitas Resources, Inc.), Indenture (Bonanza Creek Energy, Inc.), Indenture (Oasis Petroleum Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, 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 5 contracts

Samples: Indenture (Albecca Inc), Supplemental Indenture (Crew J Operating Corp), Diamond Brands Operating Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 15.02 or 8.03 hereof be 15.03 applied to all outstanding Notes Outstanding Debt Securities of a particular series upon compliance with the conditions set forth below in this Article 815.

Appears in 5 contracts

Samples: Calgon Carbon Corporation, Calgon Carbon Corporation, MOB Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at may, any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and the Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 5 contracts

Samples: Indenture (Swift Transportation Co), Fourth Supplemental Indenture (Hanesbrands Inc.), Indenture (Hanesbrands Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the its option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and all obligations of the Guarantors discharged with respect to their Note Guarantees of such Notes, upon compliance with the conditions set forth below in this Article 8.

Appears in 5 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Supplemental Indenture (Boyd Gaming Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, with respect to the Securities, elect to have exercise its rights pursuant to either Section 8.02 or 8.03 hereof be applied with respect to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 5 contracts

Samples: Pledge Agreement (Gothic Energy Corp), National Energy Group Inc, Gothic Energy Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors and evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 8.2 or 8.03 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 5 contracts

Samples: VWR Corp, Indenture (Yankee Holding Corp.), Nuveen Investments Holdings, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option by delivery of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 8.2 or 8.03 hereof be Section 8.3 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 5 contracts

Samples: Indenture (Switch, Inc.), Indenture (Unisys Corp), Indenture (Switch, Inc.)

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Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 8VIII.

Appears in 4 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors time evidenced by a resolution Board Resolution set forth in an Officers’ Officer’s Certificate, elect to have either Section 8.02 8.2 or 8.03 hereof be 8.3 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 4 contracts

Samples: Indenture (Target Hospitality Corp.), Williams Scotsman (WillScot Mobile Mini Holdings Corp.), Supplemental Indenture (Target Hospitality Corp.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, 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 (Illinois Power Generating Co), Forbearance Agreement (Lbi Media Holdings Inc), Supplemental Indenture (Lbi Media Holdings Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or Section 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 (Permian Resources Corp), Indenture (Permian Resources Corp), Indenture (Centennial Resource Development, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board board of Directors directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, 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: Intercreditor Agreement (APi Group Corp), Indenture (APi Group Corp), Indenture (Element Solutions Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate 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 (Casino Magic of Louisiana Corp), HWCC Shreveport Inc, Dominos Pizza Government Services Division Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers' Certificate, 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 8Eight.

Appears in 4 contracts

Samples: Registration Rights Agreement (Jw Childs Equity Partners Ii Lp), Indenture (IMI of Arlington, Inc.), Registration Rights Agreement (Signal Medical Services)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors Managers evidenced by a resolution set forth in an Officers’ Certificate, 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 (Huntsman International LLC), Indenture (Huntsman International LLC), Indenture (Huntsman International LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and the Subsidiary Guarantee upon compliance with the conditions set forth below in this Article 8.

Appears in 4 contracts

Samples: Exchange and Registration Rights Agreement (Georgia Pacific Corp), Indenture (Fort James Corp), Fort James Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, elect to have at any time, exercise its right under either Section 8.02 8.04 or 8.03 8.05 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 4 contracts

Samples: Indenture (Tesoro Alaska Co), Indenture (Tesoro Alaska Co), Indenture (Tesoro Petroleum Co Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 4 contracts

Samples: Indenture (Sensata Technologies B.V.), Indenture (Sensata Technologies B.V.), Indenture (Sensata Technologies Holland, B.V.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 7.02 or 8.03 7.03 hereof be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth below in this Article 87.

Appears in 4 contracts

Samples: TreeHouse Foods, Inc., TreeHouse Foods, Inc., TreeHouse Foods, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied with respect to all outstanding Notes and all obligations of the Subsidiary Guarantors upon compliance with the conditions set forth below in this Article 8.

Appears in 4 contracts

Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Restricted Notes (Comstock Resources Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes and the Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Indenture (Greenfire Resources Ltd.), Indenture (Greenfire Resources Ltd.), backend.otcmarkets.com

Option to Effect Legal Defeasance or Covenant Defeasance. The Unless otherwise provided in respect of a series of Notes, the Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes of any series upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Delphi Trade Management, LLC

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ CertificateBoard Resolution, elect to have at any time, exercise its rights under either Section 8.02 or 8.03 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Senior Subordinated Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: JCS Realty Corp, Ball Corp, Ball Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, 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 3 contracts

Samples: Indenture (Lonestar Resources US Inc.), Supplemental Indenture (Aci Worldwide, Inc.), Supplemental Indenture (Digitalglobe, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, 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 3 contracts

Samples: Supplemental Indenture (CyrusOne Inc.), Supplemental Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers’ Officer's Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes (including the Subsidiary Guarantees) upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, 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 3 contracts

Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Central Garden & Pet Co, Central Garden & Pet Co

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option, evidenced by an Officers’ Certificate, at any time, at with respect to the option of its Board of Directors evidenced by a resolution set forth in an Officers’ CertificateNotes, elect to have either Section 8.02 or 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 3 contracts

Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V., Indenture (Vail Resorts Inc)

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

Appears in 3 contracts

Samples: Indenture (H&E Equipment Services, Inc.), Paying Agent (H&E Equipment Services, Inc.), H&E Equipment Services, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes Securities of any Series upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 3 contracts

Samples: Indenture (PLBY Group, Inc.), Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 9.02 or 8.03 9.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.

Appears in 3 contracts

Samples: Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 8.2 or 8.03 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 3 contracts

Samples: Covenants (Dole Food Co Inc), Dole Food Co Inc, Bio Rad Laboratories Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timeand the Subsidiary Guarantors may, at the option of its Board their respective Boards of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.02 8.2 or 8.03 8.3 hereof be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Supplemental Indenture (Century Parking Inc), Supplemental Indenture (Apcoa Inc), Standard Parking Ii LLC

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the its option evidenced by a resolution of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have its obligations and the obligations of any Guarantors discharged with respect to the then outstanding Notes in accordance with either Section 8.02 8.2 or 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below 8.3 as provided in this Article 8VIII.

Appears in 3 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Dan River Inc /Ga/), Nacg Finance LLC

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, 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 8Eight.

Appears in 3 contracts

Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 13.02 or 8.03 13.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Thirteen.

Appears in 3 contracts

Samples: Indenture (Salant Corp), Esterline Technologies Corp, Esterline Technologies Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.02 13.02 or 8.03 13.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Thirteen.

Appears in 3 contracts

Samples: Esterline Technologies Corp, Indenture (O Charleys Inc), Indenture (Armor Holdings Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.02 8.2 or 8.03 hereof be 8.3 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 3 contracts

Samples: Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP), Town Sports International Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificateboard resolution, at any time, elect to have either Section 8.02 8.2 or 8.03 hereof 8.3 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Indenture (Westinghouse Air Brake Technologies Corp), Trinity Marine Products, Inc., Trinity Industries Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers' Certificate, 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 3 contracts

Samples: Indenture (Ameristar Casinos Inc), Ziff Davis Intermediate Holdings Inc, Etesting Labs Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer's Certificate, 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 3 contracts

Samples: Indenture (GPPD Inc), Indenture (GPPD Inc), Timco Engine Center Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may may, at its option and at any time, at in the option case of Section 8.03 pursuant to a resolution of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, elect to have either Section 8.02 or Section 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Senior Secured Notes Indenture (CIMPRESS PLC), Pledge and Security Agreement (CIMPRESS PLC), Indenture (Matthews International Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ CertificateBoard Resolution, elect to have at any time, exercise its rights under either Section 8.02 9.02 or 8.03 9.03 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8IX.

Appears in 3 contracts

Samples: Indenture (Bristow Group Inc.), Indenture (Bristow Group Inc), Third Supplemental Indenture (Bristow Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any time, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer's Certificate, 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 3 contracts

Samples: Indenture (Taseko Mines LTD), Indenture (Radio One, Inc.), Agreement (National Coal Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may at any timemay, at the option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, and 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 3 contracts

Samples: Indenture (Tekni Plex Inc), Supplemental Indenture (Metropcs California/Florida Inc), Indenture (Elizabeth Arden Inc)

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