SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the Trustee.
Appears in 8 contracts
Samples: Indenture (KKR Financial Holdings IV, LLC), Indenture (KKR Financial Holdings IV, LLC), Indenture (Maiden Holdings North America, Ltd.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. 1401 Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such seriesseries and in accordance with the Depository’s procedures, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company Operating Partnership may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 8 contracts
Samples: Indenture (Corporate Office Properties, L.P.), Indenture (American Homes 4 Rent, L.P.), Indenture (Dupont Fabros Technology, Inc.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. ARTICLE FIFTEEN
Appears in 7 contracts
Samples: Indenture (Performance Food Group Co), Indenture (Performance Food Group Co), Indenture (Kb Home)
SECURITIES IN FOREIGN CURRENCIES. Section 14011301. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company or the Guarantor may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 5 contracts
Samples: Indenture (Apache Finance Canada Corp), Indenture (Apache Corp), Indenture (Apache Finance Canada Corp)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. 1401 Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such any particular series, any amount in respect of any Security denominated in a Foreign Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 3 contracts
Samples: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.), Indenture (Williams Pipeline Partners L.P.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401SECTION 1601. Applicability of ArticleAPPLICABILITY OF ARTICLE. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, of Holders of Securities of any series in which not all of such Securities are denominated in the same Currency currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or of rights for distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company Issuer may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 3 contracts
Samples: Indenture (Evans Withycombe Residential Lp), Indenture (Evans Withycombe Residential Lp), Indenture (Evans Withycombe Residential Lp)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such seriesseries and in accordance with the Depository’s procedures, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company Operating Partnership may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 3 contracts
Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership), Indenture (Education Realty Operating Partnership L P)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such seriesseries and in accordance with the Depository’s procedures, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 3 contracts
Samples: Indenture (Abb LTD), Indenture (Abb LTD), Indenture (ABB Finance (USA) Inc.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. 1401 Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such seriesseries and in accordance with the Depository’s procedures, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 3 contracts
Samples: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. 14.1 Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company or the Guarantor may specify in a written notice to the Trustee.
Appears in 2 contracts
Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company Issuer or the Guarantor may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 2 contracts
Samples: Indenture (Reckson Associates Realty Corp), Indenture (Reckson Operating Partnership Lp)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. 1401 Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company Issuer may specify in a written notice to the Trustee.
Appears in 2 contracts
Samples: Indenture (Notami Hospitals of Louisiana Inc), Indenture (HCA Holdings, Inc.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. 1401 Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such seriesseries and in accordance with the Depository’s procedures, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company Issuer may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 2 contracts
Samples: Indenture (PS Business Parks, L.P.), Indenture (PS Business Parks, L.P.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company Issuer or the Guarantor may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. ARTICLE FIFTEEN
Appears in 2 contracts
Samples: Merger Agreement (Reckson Associates Realty Corp), Senior Indenture (Tanger Properties LTD Partnership /Nc/)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. 77 ARTICLE FIFTEEN
Appears in 2 contracts
SECURITIES IN FOREIGN CURRENCIES. Section 14011301. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company or the Guarantor may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. ARTICLE FOURTEEN
Appears in 2 contracts
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, then, except as otherwise provided in Section 116 and in the absence of any other provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company Operating Partnership may specify in a written notice an Officer’s Certificate of the Operating Partnership delivered to the TrusteeTrustee or, in the absence of such Officer’s Certificate, as the Trustee may determine.
Appears in 2 contracts
Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)
SECURITIES IN FOREIGN CURRENCIES. Section SECTION 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the Trustee. The Trustee has no obligation to confirm any such calculation and shall have no liability with respect to any such calculation.
Appears in 1 contract
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 1 contract
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 1 contract
SECURITIES IN FOREIGN CURRENCIES. Section 1401. 1401 Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such seriesseries and in accordance with the Depository’s procedures, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company Issuer may specify in a written notice to the Trustee.
Appears in 1 contract
Samples: Indenture (VICI Properties L.P.)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company Issuer may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. ARTICLE FIFTEEN
Appears in 1 contract
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of ArticleAPPLICABILITY OF ARTICLE. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company Issuer or the Guarantor may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. ARTICLE FIFTEEN
Appears in 1 contract
Samples: Indenture (Highwoods Forsyth L P)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of ArticleAPPLICABILITY OF ARTICLE. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company Issuer or the Guarantor may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. ARTICLE FIFTEEN
Appears in 1 contract
SECURITIES IN FOREIGN CURRENCIES. Section SECTION 1401. Applicability of ArticleAPPLICABILITY OF ARTICLE. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities form of such Security of any particular series, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis at the noon buying rate in the City of exchange New York for cable transfers in foreign currencies as certified for customs purposes by the Federal Reserve Bank of New York and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company may specify in a written notice to the Trustee.. ARTICLE FIFTEEN
Appears in 1 contract
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same Currency, in the absence of any provision to the contrary in or pursuant to this Indenture or the Securities of such seriesseries and in accordance with the Depository’s procedures, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such distribution) as the Company Operating Partnership may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 1 contract
Samples: Indenture
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of ArticleAPPLICABILITY OF ARTICLE. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company may specify in a written notice to the Trustee.Trustee or, in the absence of such written notice, as the Trustee may determine. -77- ARTICLE FIFTEEN MEETINGS OF HOLDERS OF SECURITIES
Appears in 1 contract
Samples: Subordinated Indenture (Old Kent Financial Corp /Mi/)
SECURITIES IN FOREIGN CURRENCIES. Section 1401. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company or the Guarantor may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 1 contract
Samples: Indenture (Apache Corp)
SECURITIES IN FOREIGN CURRENCIES. Section 14011301. Applicability of Article. Whenever this Indenture provides for (i) any action by, or the determination of any of the rights of, Holders of Securities of any series in which not all of such Securities are denominated in the same Currency Currency, or (ii) any distribution to Holders of Securities of any series in which not all of such Securities are denominated in the same CurrencySecurities, in the absence of any provision to the contrary in the form of Security of any particular series or pursuant to this Indenture or the Securities of such seriesSecurities, any amount in respect of any Security denominated in a Currency other than Dollars shall be treated for any such action, determination action or distribution as that amount of Dollars that could be obtained for such amount on such reasonable basis of exchange and as of the record date with respect to Registered Securities of such series (if any) for such action, determination of rights or distribution (or, if there shall be no applicable record date, such other date reasonably proximate to the date of such action, determination of rights or distribution) as the Company may specify in a written notice to the TrusteeTrustee or, in the absence of such written notice, as the Trustee may determine.
Appears in 1 contract
Samples: Indenture (Apache Trust Ii)