Common use of Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance Clause in Contracts

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 or (b) covenant defeasance of the Securities of a series under Section 14.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIV, shall be applicable to the Securities of such series, and the Company may at its option at any time with respect to the Securities of such series, elect to have either Section 14.02 (if applicable) or Section 14.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIV.

Appears in 3 contracts

Sources: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 1302 or (b) covenant defeasance of the Securities of a series under Section 14.031303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIVArticle Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 1302 (if applicable) or Section 14.03 1303 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle Thirteen.

Appears in 3 contracts

Sources: Indenture (MSD Netherlands Capital B.V.), Senior Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (J P Morgan Chase & Co)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If Unless pursuant to Section 3.01 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 13.2 to not be applicable with respect to the Securities of such series or (b) covenant defeasance of the Securities of a series under Section 14.0313.3 to not be applicable with respect to the Securities of such series, then the provisions of such Section or Sections, as the case may be, Sections together with the other provisions of this ARTICLE XIVArticle Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 (if applicable) 13.2 or Section 14.03 (if applicable) 13.3 be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle Thirteen.

Appears in 3 contracts

Sources: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 14.2 or (b) covenant defeasance of the Securities of a series under Section 14.0314.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIVArticle Thirteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 14.2 (if applicable) or Section 14.03 14.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle Thirteen.

Appears in 2 contracts

Sources: Indenture (ONE Gas, Inc.), Indenture (ONE Gas, Inc.)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If Unless pursuant to Section 3.01 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 13.2 to not be applicable with respect to the Securities of such series or (b) covenant defeasance of the Securities of a series under Section 14.0313.3 not to be applicable with respect to the Securities of such series, then the provisions of such Section or Sections, as the case may be, Sections together with the other provisions of this ARTICLE XIVArticle XIII, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 (if applicable) 13.2 or Section 14.03 (if applicable) 13.3 be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle XIII.

Appears in 2 contracts

Sources: Indenture (Wright Medical Group N.V.), Indenture (Atlas Air Worldwide Holdings Inc)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If Unless, pursuant to Section 3.01 301, provision is made for that either or both of (a) defeasance of the Securities of a series under Section 14.02 1302 or (b) covenant defeasance of the Securities of a series under Section 14.031303 shall not apply to the Securities of a series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIVArticle Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 1302 (if applicable) or Section 14.03 1303 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle Thirteen.

Appears in 1 contract

Sources: Indenture (Monsanto Finance Canada Co.)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 provision is made for either or both of (a1) defeasance of the Securities of a series under Section 14.02 13.02 or (b2) covenant defeasance of the Securities of a series under Section 14.0313.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIVArticle, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 13.02 (if applicable) or Section 14.03 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle.

Appears in 1 contract

Sources: Indenture (Contifinancial Corp)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 13.2 or (b) covenant defeasance of the Securities of a series under Section 14.0313.3 to apply to Securities of any series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIVArticle 13, shall be applicable to the Securities of such series, and the Company may at its option option, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 13.2 (if applicable) or Section 14.03 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle 13.

Appears in 1 contract

Sources: Trust Indenture (Thomas & Betts Corp)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 13.02 or (b) covenant defeasance of the Securities of a series under Section 14.0313.03 to apply to Securities of any series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIVArticle Thirteen, shall be applicable to the Securities of such series, and the Company may at its option option, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 13.02 (if applicable) or Section 14.03 13.03 (if 61 applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle Thirteen.

Appears in 1 contract

Sources: Indenture (Fedex Corp)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 14.02 13.02 or (b) covenant defeasance of the Securities of a series under Section 14.0313.03 to apply to Securities of any series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this ARTICLE XIVArticle Thirteen, shall be applicable to the Securities of such series, and the Company may at its option option, at any time time, with respect to the Securities of such series, elect to have either Section 14.02 13.02 (if applicable) or Section 14.03 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this ARTICLE XIVArticle Thirteen.

Appears in 1 contract

Sources: Trust Indenture (Federal Express Corp)