Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 44 contracts
Samples: Indenture (Global Partners Lp), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Martin Midstream Partners L.P.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 12.02 or 8.03 12.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 812.
Appears in 15 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards the Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 12.02 or 8.03 12.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 812.
Appears in 14 contracts
Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect 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: 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 Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate of each of the Issuers, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 12 contracts
Samples: Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 11 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.), Supplemental Indenture (TerraForm Power, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 9 contracts
Samples: Indenture (LiveWatch Security, LLC), Salem Media Group, Inc. /De/, Salem Media Group, Inc. /De/
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.02 or 8.03 hereof Section 7.03 with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Seven.
Appears in 9 contracts
Samples: Supplemental Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp), Supplemental Indenture (Genesis Energy Lp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 9 contracts
Samples: Indenture (Comstock Resources Inc), Indenture (Jones Energy, Inc.), Indenture (SunCoke Energy Partners, L.P.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateCertificate of each Issuer, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 9 contracts
Samples: Directing Holder (Wynn Resorts LTD), Signatures (Wynn Resorts LTD), Signatures (Wynn Las Vegas LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 8 contracts
Samples: Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective the Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 8 contracts
Samples: Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.03 or 8.03 8.04 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 8 contracts
Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 6 contracts
Samples: Supplemental Indenture (CoreCivic, Inc.), Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 6 contracts
Samples: Indenture (Nexstar Broadcasting Group Inc), Funding Guarantor (U.S. Shipping Partners L.P.), Indenture (Ventas Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ CertificateOfficer’s Certificate of the Issuer, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 5 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (MGM Resorts International), Indenture (Wynn Resorts LTD)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 5 contracts
Samples: Liberty Global PLC, Supplemental Indenture (Liberty Global PLC), Supplemental Indenture (Liberty Global PLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 5 contracts
Samples: Indenture (HNS Finance Corp.), Indenture (American Casino & Entertainment Properties LLC), Indenture (MagnaChip Semiconductor LTD (United Kingdom))
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 5 contracts
Samples: Indenture (Axiall Corp/De/), Indenture (QGOG Constellation S.A.), Indenture (Manchester United Ltd.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 5 contracts
Samples: Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 4 contracts
Samples: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and the Note Guarantees upon compliance with the conditions set forth below in this Article 8.
Appears in 4 contracts
Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards the Board of Directors of the Company or the Parent Guarantor, evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 4 contracts
Samples: Indenture (Youngs Creek Mining Co LLC), Indenture (Cloud Peak Energy Inc.), Indenture (Sequatchie Valley Coal Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ CertificateOfficer’s Certificate delivered to the Trustee, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.
Appears in 4 contracts
Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 4 contracts
Samples: Range Resources (Range Resources Corp), Range Resources (Range Resources Corp), Indenture (Range Resources Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at their joint option and at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an their respective Officers’ CertificateCertificates, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 4 contracts
Samples: Global Security (Radio One, Inc.), Indenture (Radio One, Inc.), Indenture (Niska Gas Storage Partners LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate of each Issuer, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 3 contracts
Samples: Wynn Resorts LTD, Wynn Las Vegas LLC, Indenture (Wynn Resorts LTD)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.02 or 8.03 hereof Section 7.03 with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Seven.
Appears in 3 contracts
Samples: Indenture (Enviva Partners, LP), Indenture (USA Compression Partners, LP), Indenture (Enviva Partners, LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateCertificate of each Issuer, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes Securities of a series upon compliance with the conditions set forth below in this Article 8.
Appears in 3 contracts
Samples: Indenture (Chesapeake MLP Operating LLC), Access Midstream Partners Lp, Access Permian Midstream LLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under with respect to the Notes, elect to have either Section 8.02 8.03 or 8.03 8.04 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Akumin Inc.), Supplemental Indenture (Akumin Inc.), Akumin Inc.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateOfficer’s Certificate of the Main Issuer, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all the outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 3 contracts
Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes (including the Guarantees) upon compliance with the conditions set forth below in this Article 8.
Appears in 3 contracts
Samples: Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under with respect to the Securities, elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 3 contracts
Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\), Sweetheart Holdings Inc \De\
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the its option of their respective Boards of Directors evidenced by a resolution of its board of directors set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 3 contracts
Samples: Indenture (International Game Technology PLC), Indenture (International Game Technology), International Game Technology PLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 3 contracts
Samples: Indenture (Ardagh Metal Packaging S.A.), Senior Indenture (Ardagh Metal Packaging S.A.), Collateral and Security (Ardagh Metal Packaging S.A.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer's Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 3 contracts
Samples: Virgin Media Inc., Virgin Media Inc., Corporate Express Delivery Systems Air Division Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (CSI Compressco LP), Indenture (CSI Compressco LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (VimpelCom Ltd.), Indenture (VimpelCom Ltd.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at At the option of their respective Boards the Issuer’s Board of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under the Issuer may elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities of any Series upon compliance with the conditions set forth below in this Article 8Section 8.04.
Appears in 2 contracts
Samples: Amended And (Continental Airlines, Inc.), Indenture (United Air Lines Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateCertificate of each Issuer, at any time, exercise their rights under either Section 8.02 9.02 or 8.03 9.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.
Appears in 2 contracts
Samples: Indenture (Access Midstream Partners Lp), Supplemental Indenture (Access Midstream Partners Lp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 2 contracts
Samples: Supplemental Indenture (Vanguard Health Systems Inc), Supplemental Indenture (Vanguard Health Systems Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Officer’s Certificate, and at any time, exercise their rights under elect to have either Section 8.02 8.03 or 8.03 hereof with respect 8.04 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 2 contracts
Samples: Article Twelve (Navios Maritime Holdings Inc.), Article Twelve (Navios Maritime Holdings Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards the Board of Directors of Holdings evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 9.02 or 8.03 9.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.
Appears in 2 contracts
Samples: Indenture (Summit Midstream Partners, LP), Supplemental Indenture (Summit Midstream Partners, LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate delivered to the Trustee, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Shreveport Capital Corp, HCS Ii Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards each of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the their option of their respective Boards of Directors and at any time, evidenced by a resolution of its Board of Directors set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Tronox LTD, Tronox LTD
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 2 contracts
Samples: Insight Communications Co Inc, Insight Communications Co Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Solutia Inc), First Supplemental Indenture (Solutia Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (Legacy Reserves Inc.), Indenture (Legacy Reserves Lp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Chesapeake Oilfield (Mid-States Oilfield Supply LLC), Indenture (Chesapeake Midstream Partners Lp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the its option of their respective Boards of Directors evidenced by a resolution of its board of directors set forth in an Officers’ Officer's Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: International Game Technology PLC, International Game Technology PLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards the Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and the Notes Guarantees related to the Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 2 contracts
Samples: Indenture (Windstream Services, LLC), Windstream Services, LLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 2 contracts
Samples: Supplemental Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect 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 2 contracts
Samples: Supplemental Indenture (PRETIUM CANADA Co), Indenture (Services International LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (Neff Finance Corp.), Indenture (Neff Finance Corp.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, and at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Supplemental Indenture (Susser Holdings CORP), Supplemental Indenture (Susser Holdings CORP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, and at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and all outstanding Guarantees upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (Inmarsat Holdings LTD), Indenture (Inmarsat Launch CO LTD)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective its Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Officer’s Certificate, and at any time, exercise their rights under elect to have either Section 8.02 8.03 or 8.03 hereof with respect 8.04 applied to all outstanding Notes and all obligations of any Guarantor upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 2 contracts
Samples: Indenture (Global Ship Lease, Inc.), Indenture (Global Ship Lease, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes of a series upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 2 contracts
Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors and at any time, evidenced by a resolution of each of their Boards of Directors set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors and evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.02 or 8.03 hereof Section 7.03 with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Seven.
Appears in 2 contracts
Samples: Indenture (USA Compression Partners, LP), Indenture (USA Compression Partners, LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Ventas Inc, Ventas Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 2 contracts
Samples: Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate' Certificates, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 1 contract
Samples: Appalachian Realty Co
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.either
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.2 or 8.03 7.3 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Section 7.
Appears in 1 contract
Samples: Indenture (Linn Energy, LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at its option and at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Collateral Trust Agreement (Primus Telecommunications Group Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Alpha Natural Resources, Inc.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and all obligations of the Guarantors discharged with respect to their Guarantee upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Indenture (Twist Beauty S.a r.l. & Partners S.C.A.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective the Boards of Directors evidenced by a resolution set forth in an Officers’ Officer's Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 1 contract
Samples: Insight Communications Co Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights right under either Section 8.02 8.04 or 8.03 8.05 hereof with respect to all a series of outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 1 contract
Samples: Indenture (NGL Energy Partners LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 hereof 8.3 be applied to all of its obligations discharged with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 1 contract
Samples: Iron Mountain Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Outstanding Notes, the Guarantees upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Indenture (Colfax CORP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8. Section 8.02.
Appears in 1 contract
Samples: Summit Midstream Partners, LP
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect 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 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards its Board of Directors and evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes Securities of a series upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 1 contract
Samples: Indenture (CDW Technologies, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Omnova Solutions Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective the Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII. Section 8.02.
Appears in 1 contract
Samples: Indenture (Rancho Holdings Gp LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Hammons John Q Hotels Lp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Nexstar Broadcasting Group Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors the Management Committee evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Indenture (Eldorado Resorts LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: Indenture (Interactive Health, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 1 contract
Samples: Compton Petroleum Holdings CORP
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ ' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities of any Series upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 1 contract
Samples: Indenture (Listerhill Total Maintenance Center LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or Section 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article ARTICLE 8.
Appears in 1 contract
Samples: Indenture (Linn Energy, LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option by delivery of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at their option and at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 hereof with respect Section 8.3 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.
Appears in 1 contract
Samples: Indenture (Venator Materials PLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 9.02 or 8.03 9.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, and at any time, exercise their rights under elect to have either Section 8.02 8.03 or 8.03 hereof with respect 8.04 applied to all outstanding Notes and all obligations of any Guarantor upon compliance with the conditions set forth below in this Article 8Eight.
Appears in 1 contract
Samples: Horizon Lines, Inc.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under time elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Samples: TransDigm Group INC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards the Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at their joint option and at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an their Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.
Appears in 1 contract