Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 or 12.3 be applied to all Outstanding Notes upon compliance with the conditions set forth below in this Article XII.
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (CyrusOne Inc.), Third Supplemental Indenture (CyrusOne Inc.), Second Supplemental Indenture (CyrusOne Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors Management Committee of the Company Partnership evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 4 contracts
Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeUnless otherwise provided in respect of a series of Notes, the Issuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes of any series upon compliance with the conditions set forth below in this Article XII8.
Appears in 4 contracts
Samples: Aptiv Corp, Delphi Automotive PLC, Delphi Trade Management, LLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Partnership’s Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 3 contracts
Samples: Supplemental Indenture (CVR Energy Inc), Supplemental Indenture (CVR Partners, Lp), Indenture (Rentech Nitrogen Partners, L.P.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors of the Company Management Committee evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding Notes outstanding Debentures upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 3 contracts
Samples: Indenture (Anthony Crane Rental Holdings Lp), Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding Notes outstanding Securities of any series upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, with respect to the Notes, elect to have either Section 12.2 8.2 or 12.3 8.3 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 2 contracts
Samples: Supplemental Indenture (Smurfit WestRock PLC), Indenture (Smurfit WestRock PLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the Board of Directors of the Company Issuer evidenced by a Board Resolution set forth in an Officer’s CertificateResolution, at any time, elect to have either Section 12.2 7.3 or 12.3 be 7.4 applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII7.
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeAn Issuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, at any time, elect to have either Section 12.2 11.02 or 12.3 11.03 be applied to all Outstanding Notes outstanding Securities upon compliance with the conditions set forth below in this Article XIIEleven.
Appears in 2 contracts
Samples: Wal Mart Cayman Sterling Finance Co, Wal Mart Cayman Sterling Finance Co
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of each of the Issuer’s Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.2 or 12.3 8.3 hereof be applied to all Outstanding outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 2 contracts
Samples: Indenture (Oasis Interval Ownership, LLC), Indenture (Oasis Interval Ownership, LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the Board its Boards of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.2 or 12.3 be 8.3 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 2 contracts
Samples: Indenture (Jack Cooper Holdings Corp.), Indenture (Jack Cooper Logistics, LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Indenture (Exterran Partners, L.P.), Indenture (Eagle Rock Energy Partners L P)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the Board their Boards of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, at any time, elect to have either Section 12.2 8.2 or 12.3 8.3 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 2 contracts
Samples: Indenture (Gci Inc), Indenture (General Communication Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 14.02 or 12.3 14.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII14.
Appears in 2 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, with respect to the Notes of any series, elect to have either Section 12.2 8.2 or 12.3 8.3 be applied to all Outstanding outstanding Notes of such series upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (Smurfit WestRock PLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may may, at any time, time at the option of the Board their respective Boards of Directors of the Company Directors, evidenced by a Board Resolution Besolution set forth in an Officer’s Officers' Certificate, elect to have either Section 12.2 8.2 or 12.3 8.3 be applied to all Outstanding outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (Tronox Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 Section 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIthe relevant Sections, as the case may be.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Supplemental Indenture (Oasis Midstream Partners LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the its Board of Directors of the Company and evidenced by a Board Resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (CDW Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s CertificateCertificate and at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 12.02 or 12.3 12.03 hereof be applied to all Outstanding outstanding Notes of any series upon compliance with the conditions set forth below in this Article XII12.
Appears in 1 contract
Samples: Essex Portfolio Lp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (TUTOR PERINI Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the Board of Directors of the Company Issuer evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 11.02 or 12.3 11.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII10.
Appears in 1 contract
Samples: Corporacion Durango S.A .De C.V.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the its Board of Directors of the Company and evidenced by a Board Resolution set forth in an Officer’s CertificateCertificates, at any time, elect to have either Section 12.2 8.2 or 12.3 be 8.3 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (Barrington Quincy LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the their option of the Board of Directors of the Company evidenced by a resolution of its Board Resolution of Directors, set forth in an Officer’s Certificate, at any time, with respect to the Notes, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes of a series and Guarantees upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company Holdings evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII.8. Section 8.02
Appears in 1 contract
Samples: Virtu Financial, Inc.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIthe relevant Sections, as the case may be.
Appears in 1 contract
Samples: Indenture (ReNew Energy Global PLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company Managers evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, at any time, with respect to the Notes, elect to have either Section 12.2 8.2 or 12.3 8.3 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Avery Berkel Holdings LTD
Option to Effect Legal Defeasance or Covenant Defeasance. 50 The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 12.02 or 12.3 12.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII12.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may Issuer may, at its option and at any time, at the option of the Board of Directors of the Company time evidenced by a Board Resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.2 or 12.3 be 8.3 applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (WillScot Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may may, at any time, time at the option of the Board their respective Boards of Directors of the Company Directors, evidenced by a Board Resolution Besolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.2 or 12.3 8.3 be applied to all Outstanding outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Tronox (Tronox Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 Section 8.03 hereof be applied to all Outstanding any the Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (Foresight Energy LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Issuers’ Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.2 or 12.3 8.3 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (TWC Holding Corp.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the each of their Board of Directors of the Company evidenced by a respective Board Resolution set forth in an Officer’s CertificateResolutions, and at any time, elect to have either Section 12.2 13.2 or 12.3 Section 13.3 hereof be applied to all Outstanding Notes Securities of any series upon compliance with the conditions set forth below in this Article XIIThirteen.
Appears in 1 contract
Samples: Iron Creek Energy Group, LLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the Board its board of Directors of the Company directors evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 10.02 or 12.3 10.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII10.
Appears in 1 contract
Samples: www.aespanama.com