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 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 Eight.

Appears in 69 contracts

Samples: Indenture (Office Depot Inc), Indenture (Atwood Mobile Products Inc), Indenture (Crown Castle International Corp)

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Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 EightVIII.

Appears in 22 contracts

Samples: Indenture (Mmi Products Inc), RFS Hotel Investors Inc, RFS Partnership Lp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8.

Appears in 16 contracts

Samples: Indenture (Advance Paradigm Inc), Supplemental Indenture (Spheris Leasing LLC), Southwest General Hospital Lp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have 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 Eight8.

Appears in 14 contracts

Samples: Indenture (CGG), Indenture (CGG), Supplemental Indenture (CGG Marine B.V.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Notes upon compliance with the conditions set forth below in this Article Eight.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Delta Financial Corp), Indenture (Riddell Sports Inc), Pledge Agreement (Delta Financial Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. (a) The Company may, 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 hereof, with such modifications thereto as may be specified in the Board Resolution or supplemental indenture establishing a particular series of Securities, be applied to all outstanding Notes Securities of one or more series upon compliance with the conditions set forth below in this Article Eight8.

Appears in 7 contracts

Samples: Indenture (Annuity & Life Re Holdings LTD), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Senior Indenture (Harleysville Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 or 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight8.

Appears in 6 contracts

Samples: Indenture (Jitney Jungle Stores of America Inc /Mi/), Indenture (Rayovac Corp), Supplemental Indenture (Supermarket Cigarette Sales Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 8.04 or 8.03 hereof be 8.05 applied to all outstanding Outstanding Notes upon compliance with the conditions set forth below in this Article EightVIII.

Appears in 6 contracts

Samples: Scotts Miracle-Gro Co, Scotts Miracle-Gro Co, Scotts Miracle-Gro Co

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 exercise its rights under either Section 8.02 8.2 or 8.03 8.3 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight.

Appears in 6 contracts

Samples: Indenture (Wheeling Pittsburgh Steel Corp /De), Wheeling Pittsburgh Steel Corp /De, Wheeling Pittsburgh Corp /De/

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight.

Appears in 5 contracts

Samples: Indenture (Cinemark Inc), Sealy Corp, K&f Industries Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Subsidiary Guarantees upon compliance with the conditions set forth below in this Article Eight8.

Appears in 4 contracts

Samples: Supplemental Indenture (Katz Media Group Inc), Indenture Assumption Agreement (Advanced Medical Inc), Graham Field Health Products Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 14.2 or 8.03 hereof 14.3 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight14.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Securities upon compliance with the conditions set forth below in this Article Eight8.

Appears in 3 contracts

Samples: Pegasus Communications Corp, Pegasus Communications Corp, Pegasus Communications Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 8.4 or 8.03 8.5 hereof be applied to all outstanding Notes Notes, upon compliance with the conditions set forth below in this Article EightVIII.

Appears in 3 contracts

Samples: Indenture (National Oilwell Inc), Indenture (National Oilwell Inc), National Oilwell Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight.

Appears in 3 contracts

Samples: Escrow Agreement (Echostar DBS Corp), Imperial Credit Industries Inc, Echostar DBS Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8.

Appears in 3 contracts

Samples: Supplemental Indenture (Istar Financial Inc), Simmons Co, North American Pipe Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight.

Appears in 2 contracts

Samples: K&f Industries Inc, K&f Industries Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company Issuer may, 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 Eight.

Appears in 2 contracts

Samples: Indenture (Shop Vac Corp), Restaurant Co

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8. As of the Issue Date, Section 4(c) of the Repo Agreement imposes limitations on the right of the Company to defease the Notes in certain circumstances.

Appears in 2 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Notes upon compliance with the conditions set forth below in this Article Eight8.

Appears in 2 contracts

Samples: Ball Corp, Ball Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Debentures upon compliance with the conditions set forth below in this Article Eight8.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8. 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 2 contracts

Samples: Airgas East Inc, Macdermid Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8.

Appears in 2 contracts

Samples: Indenture (Dresser Inc), Symons Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Notes of any series upon compliance with the conditions set forth below in this Article Eight.

Appears in 2 contracts

Samples: Indenture (Niagara Mohawk Power Corp /Ny/), Niagara Mohawk Power Corp /Ny/

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors Directors, evidenced by a resolution Board Resolution set forth in an Officers' CertificateCertificate of the Company, at any time, with respect to the Securities, elect to have either Section 8.02 8.03 or 8.03 hereof Section 8.04 below be applied to all the outstanding Notes Securities upon compliance with the conditions set forth below in this Article Eight8.

Appears in 2 contracts

Samples: Indenture (Interface Inc), Indenture (Interface Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have exercise its rights under either Section 8.02 8.2 or 8.03 8.3 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight8.

Appears in 2 contracts

Samples: Kti Inc, Kti Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8.

Appears in 2 contracts

Samples: Indenture (Printpack Inc), Indenture (Printpack Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 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 Eight8.

Appears in 2 contracts

Samples: Indenture (Caraustar Industries Inc), Caraustar Industries Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company Issuer may, 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 Eight8.

Appears in 2 contracts

Samples: Management Agreement (International Specialty Products Inc /New/), Decrane Holdings Co

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Subordinated Notes upon compliance with the conditions set forth below in this Article Eight.

Appears in 2 contracts

Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, Certificate and at any time, with respect to the Senior Notes, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Senior Notes upon compliance with the conditions set forth below in this Article Eight8.

Appears in 1 contract

Samples: Senior Note Indenture (Intermedia Communications Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 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 Eight8.

Appears in 1 contract

Samples: Indenture (Hornbeck Offshore Services Inc /La)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight.or

Appears in 1 contract

Samples: Spanish Broadcasting System of Puerto Rico Inc /Pr/

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Guarantees thereof upon compliance with the conditions set forth below in this Article Eight.

Appears in 1 contract

Samples: Supplemental Indenture (Dyersburg Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 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 EightNine.

Appears in 1 contract

Samples: Dollar Financial (Check Mart of New Mexico Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Guarantors' obligations discharged with respect to the Note Guarantees upon compliance with the conditions set forth below in this Article Eight.

Appears in 1 contract

Samples: Uk Abba Products Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 7.02 or 8.03 7.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article EightVII.

Appears in 1 contract

Samples: Indenture (United Community Banks Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 12.02 or 8.03 12.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight12.

Appears in 1 contract

Samples: Indenture (Aei Resources Inc)

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Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate complying with Section 13.04 and 13.05 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 Eight.

Appears in 1 contract

Samples: Management Agreement (Dutchess County Cellular Telephone Co Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Securities of one or more series upon compliance with the conditions set forth below in this Article Eight8.

Appears in 1 contract

Samples: Pegasus Communications Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its the Board of Directors evidenced by a resolution Board Resolutions 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 Eight.

Appears in 1 contract

Samples: Nci Building Systems Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8. Notwithstanding the satisfaction and discharge of this Indenture, the obligations of the Company to the Trustee under Section 7.07 shall survive.

Appears in 1 contract

Samples: Cellular Communications International Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 all outstanding Note Guarantees upon compliance with the conditions set forth below in this Article Eight.

Appears in 1 contract

Samples: Indenture (Key Energy Services Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight.8. SECTION 8.02

Appears in 1 contract

Samples: Document Note Purchase Agreement (Merrill Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 8.03 or 8.03 8.04 hereof be applied to all outstanding Outstanding Notes and the Guarantees upon compliance with the conditions set forth below in this Article Eight8.

Appears in 1 contract

Samples: Conmed Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Guarantees upon compliance with the conditions set forth below in this Article Eight8.

Appears in 1 contract

Samples: Indenture (Noveon Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Secured Discount Notes upon compliance with the conditions set forth below in this Article Eight.

Appears in 1 contract

Samples: Indenture (Sf Holdings Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The At any time after September 30, 2002, the Company may, 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 Eight8.

Appears in 1 contract

Samples: Indenture (Imperial Credit Industries Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Bonds upon compliance with the conditions set forth below in this Article Eight.

Appears in 1 contract

Samples: Indenture (Northeast Energy Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8."

Appears in 1 contract

Samples: Amfm Inc

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

Appears in 1 contract

Samples: Loomis Fargo & Co

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

Appears in 1 contract

Samples: Greyhound Lines Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 then outstanding Notes upon compliance with the conditions set forth below in this Article Eight8.

Appears in 1 contract

Samples: J Crew Group Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate complying with Section 11.04 and 11.05 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 Eight.

Appears in 1 contract

Samples: Dobson Communications Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 or 8.03 hereof be applied to all outstanding Senior Subordinated Notes and Subsidiary Guarantees upon compliance with the conditions set forth below in this Article Eight8.

Appears in 1 contract

Samples: Key Plastics Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have the provisions of 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 Eight8.

Appears in 1 contract

Samples: Pf Net Communications Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company Issuers may, at the option of its the Board of Directors of the Company evidenced by a resolution set forth in an Officers' CertificateCertificate 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 Eight8.

Appears in 1 contract

Samples: Las Vegas Sands Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have exercise its rights under either Section 8.02 or 8.03 hereof be applied with respect to all outstanding Notes Debentures upon compliance with the conditions set forth below in this Article Eight8.

Appears in 1 contract

Samples: Greyhound Lines Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Officer's Certificate, at any timetime after December 1, 2003 but before December 1, 2005, 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 Eight8.

Appears in 1 contract

Samples: Marathon Power Technologies Co

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight.

Appears in 1 contract

Samples: Registration Rights Agreement (Greenbrier Companies Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate 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 Eight8.

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, 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 Eight8. SECTION 8.02.

Appears in 1 contract

Samples: Metal Management Inc

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