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

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of the Management Committee of the Partnership 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 4 contracts

Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture)

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Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Unless otherwise provided in respect of a series of Notes, the Issuer may, at the option of the Management Committee its Board of the Partnership Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, elect to have either Section 8.02 or 8.03 hereof be applied to all outstanding Notes of any series upon compliance with the conditions set forth below in this Article Eight8.

Appears in 4 contracts

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

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of the Management Committee Board of Directors of the Partnership Company evidenced by a resolution Board Resolution set forth in an Officers’ Officer’s Certificate, at any time, elect to have either Section 8.02 12.2 or 8.03 hereof 12.3 be applied to all outstanding Outstanding Notes upon compliance with the conditions set forth below in this Article EightXII.

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 the option of the Management Committee of the Partnership 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 Debentures upon compliance with the conditions set forth below in this Article Eight.

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 maymay at any time, at the option of the Management Committee Partnership’s Board of the Partnership 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 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 Issuer may, at the option of the Management Committee Board of Directors of the Partnership Issuer evidenced by a resolution set forth in an Officers’ CertificateBoard Resolution, at any time, elect to have either Section 8.02 7.3 or 8.03 hereof be 7.4 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight7.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

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

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 maymay at any time, at the option of the Management Committee Board of Directors of the Partnership Company 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 (Exterran Partners, L.P.), Indenture (Eagle Rock Energy Partners L P)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of the Management Committee their Boards of the Partnership 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 2 contracts

Samples: Indenture (Gci Inc), Indenture (General Communication Inc)

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

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

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

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 the option of the Management Committee each of the Partnership Issuer’s 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 and Guarantees upon compliance with the conditions set forth below in this Article EightVIII.

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 An Issuer may, at the option of the Management Committee its Board of the Partnership Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.02 11.02 or 8.03 hereof 11.03 be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article EightEleven.

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 mayIssuer may at any time, at the option of the Management Committee its Board of the Partnership Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, elect to have either Section 8.02 14.02 or 8.03 hereof 14.03 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight14.

Appears in 2 contracts

Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of the Management Committee its Board of the Partnership 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 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of the Management Committee its Board of the Partnership Directors and 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 EightVIII.

Appears in 1 contract

Samples: Indenture (CDW Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of the Management Committee Board of the Partnership Directors of Holdings 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.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 the option of the Management Committee its Board of the Partnership Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, with respect to the Notes of any series, elect to have either Section 8.02 8.2 or 8.03 hereof 8.3 be applied to all outstanding Notes of such series upon compliance with the conditions set forth below in this Article EightVIII.

Appears in 1 contract

Samples: Indenture (Smurfit WestRock PLC)

Option to Effect Legal Defeasance or Covenant Defeasance. 50 The Issuers mayIssuer may at any time, at the option of the Management Committee its Board of the Partnership Directors evidenced by a resolution set forth in an Officers’ 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 (Digital Realty Trust, L.P.)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Merge Healthcare Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of the Management Committee of the Partnership evidenced by a resolution of its Board of Directors, set forth in an Officers’ Officer’s 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 of a series and Guarantees upon compliance with the conditions set forth below in this Article EightVIII.

Appears in 1 contract

Samples: Supplemental Indenture (Vantiv, Inc.)

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

Appears in 1 contract

Samples: Avery Berkel Holdings LTD

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of the Management Committee its Board of the Partnership Managers 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 (Midamerican Energy Holdings Co /New/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of the Management Committee its Board of the Partnership 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 1 contract

Samples: Indenture (TUTOR PERINI Corp)

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

Appears in 1 contract

Samples: Tronox (Tronox Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of the Management Committee Board of the Partnership Directors evidenced by a resolution set forth in an Officers’ 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 of any series upon compliance with the conditions set forth below in this Article Eight12.

Appears in 1 contract

Samples: Essex Portfolio Lp

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

Appears in 1 contract

Samples: Indenture (WillScot Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of the Management Committee Board of Directors of the Partnership Company 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: Supplemental Indenture (Oasis Midstream Partners LP)

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

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of the Management Committee Issuers’ Board of the Partnership 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 1 contract

Samples: Indenture (TWC Holding Corp.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of the Management Committee its Board of the Partnership 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 EightVIII.

Appears in 1 contract

Samples: Indenture (Vanguard Natural Resources, Inc.)

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

Appears in 1 contract

Samples: Indenture (Tronox Inc)

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

Appears in 1 contract

Samples: Renew Power (ReNew Energy Global PLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of the Management Committee each of the Partnership their Board of Directors evidenced by a resolution set forth in an Officers’ Certificaterespective Board Resolutions, and at any time, elect to have either Section 8.02 13.2 or 8.03 Section 13.3 hereof be applied to all outstanding Notes Outstanding Securities of any series upon compliance with the conditions set forth below in this Article EightThirteen.

Appears in 1 contract

Samples: Iron Creek Energy Group, LLC

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of the Management Committee its board of the Partnership directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, elect to have either Section 8.02 10.02 or 8.03 hereof 10.03 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight10.

Appears in 1 contract

Samples: www.aespanama.com

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of the Management Committee its Board of the Partnership 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 (Inspired Entertainment, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of the Management Committee its Board of the Partnership Directors and evidenced by a resolution Board Resolution set forth in an Officers’ CertificateOfficer’s Certificates, 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: Indenture (Barrington Quincy LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of the Management Committee its Board of the Partnership 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 Eightthe 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 the option of the Management Committee Board of Directors of the Partnership Issuer evidenced by a resolution set forth in an Officers’ Officer's Certificate, at any time, elect to have either Section 8.02 11.02 or 8.03 hereof 11.03 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article Eight10.

Appears in 1 contract

Samples: Corporacion Durango S.A .De C.V.

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