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

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 104 contracts

Samples: Agency Agreement (Zimmer Biomet Holdings, Inc.), Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (J2 Global, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1502 or Section 1303 1503 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1502 or 13031503, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 77 contracts

Samples: Amplify Energy Corp., Indenture (Approach Resources Inc), Indenture (Approach Services, LLC)

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Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this ArticleArticle 13. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 42 contracts

Samples: Indenture (Umb Financial Corp), Note (Authentidate Holding Corp), Indenture (Forest Oil Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.02 or Section 1303 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 2.01 as being defeasible pursuant to such Section 1302 Sections 13.02 or 130313.03, in accordance with any applicable requirements provided pursuant to Section 301 2.01 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 2.01 for such Securities.

Appears in 31 contracts

Samples: Indenture (AXA Equitable Holdings, Inc.), Senior Indenture (Brighthouse Financial, Inc.), Indenture (Gamco Investors, Inc. Et Al)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, Securities designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 14 contracts

Samples: Third Supplemental Indenture (Vale Overseas LTD), Third Supplemental Indenture (Vale Overseas LTD), Indenture (Vale Overseas LTD)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1502 or Section 1303 1503 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1502 or 1303Section 1503, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 14 contracts

Samples: Indenture (Amplify Energy Corp.), Indenture (Alpha Shale Resources, LP), Indenture (Bristow Helicopters Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.02 or Section 1303 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1302 13.02 or 130313.03, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this ArticleArticle and Article XIV. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 12 contracts

Samples: Subordinated Indenture (Capital Senior Living Properties Inc), Subordinated Indenture (Ring Energy, Inc.), Subordinated Indenture (Tesoro Corp /New/)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 12 contracts

Samples: Global Ship Lease, Inc., Global Ship Lease 13 LTD, Global Ship Lease, Inc.

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1402 or Section 1303 1403 applied to any Securities or any series of Securities, as the case may be, (unless designated pursuant to Section 301 as not being defeasible pursuant to such Section 1302 1402 or 13031403), in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 11 contracts

Samples: Indenture (Reliant Energy Inc), Indenture (Burlington Northern Santa Fe Corp), Indenture (Pacificare Health Systems Inc /De/)

Company’s Option to Effect Defeasance or Covenant Defeasance. The If applicable to a particular series of Securities, the Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any such series of Securities or any series Securities of Securitiessuch series, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 11 contracts

Samples: Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this ArticleArticle 13. Any such election shall be evidenced by a one or more Board Resolution Resolutions, Officers’ Certificates, indentures supplemental hereto, or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 8 contracts

Samples: Note (BofI Holding, Inc.), Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1402 or Section 1303 1403 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1402 or 13031403, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 7 contracts

Samples: Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. The If applicable to a particular series of Securities, the Company may elect, at its option at any time, to have Section 1302 1402 or Section 1303 1403 applied to any such series of Securities or any series Securities of Securitiessuch series, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1402 or 13031403, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 6 contracts

Samples: Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 Sections 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this ArticleArticle 13. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 6 contracts

Samples: Indenture (Capstead Mortgage Corp), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 Sections 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this ArticleArticle 13. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 4 contracts

Samples: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), LTC Properties Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this ArticleArticle 13. Any such election shall be evidenced by a one or more Board Resolution Resolutions, Officer’s Certificates, indentures supplemental hereto, or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 4 contracts

Samples: Indenture (Axos Financial, Inc.), Note (Axos Financial, Inc.), Indenture (Axos Financial, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 12.3 or Section 1303 12.4 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 12.3 or 1303Section 12.4, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 3 contracts

Samples: BOSTON OMAHA Corp, BOSTON OMAHA Corp, BOSTON OMAHA Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, not designated pursuant to Section 301 as being defeasible indefeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 3 contracts

Samples: Xtra Finance Corp, Berkshire Hathaway Inc, Berkshire Hathaway Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 11.02 or Section 1303 11.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 2.02 as being defeasible pursuant to such Section 1302 11.02 or 130311.03, in accordance with any applicable requirements provided pursuant to Section 301 2.02 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 2.02 for such Securities.

Appears in 3 contracts

Samples: Amkor Technology Inc, Amkor International Holdings, LLC, Amkor Technology Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 15.2 or Section 1303 15.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 15.2 or 130315.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 3 contracts

Samples: Indenture (California Resources Real Estate Ventures, LLC), California Resources Production Corp, California Resources Production Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1402 or Section 1303 1403 applied to any Securities or any series of Securities, as the case may be, (unless designated pursuant to Section 301 as not being defeasible pursuant to such Section 1302 1402 or 13031403), in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this ArticleArticle Fourteen. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 3 contracts

Samples: General Electric Co, Reliant Energy Services New Mexico LLC, Centerpoint Energy Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be (unless such Securities or any series of Securities, as the case may be, are designated pursuant to Section 301 as not being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and 301), upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 2 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The If applicable to a particular series of Securities, the Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this ArticleArticle Thirteen. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 2 contracts

Samples: SSL South, LLC, SSL South, LLC

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1502 or Section 1303 1503 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1502 or 13031503, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.. 77

Appears in 2 contracts

Samples: Shaw Manufacturing & Services Inc, Goodrich Petroleum CO LLC

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this ArticleArticle XIII. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 2 contracts

Samples: Asbc Capital Ii, Associated Banc-Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 14.02 or Section 1303 14.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 2.02 as being defeasible pursuant to such Section 1302 14.02 or 130314.03, in accordance with any applicable requirements provided pursuant to Section 301 2.02 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 2.02 for such Securities.

Appears in 2 contracts

Samples: Indenture (Amkor International Holdings, LLC), Amkor Technology Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1102 or Section 1303 1103 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1102 or 13031103, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 2 contracts

Samples: Olsten Corp, Medpartners Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 11.2 or Section 1303 11.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 2.3 as being defeasible pursuant to such Section 1302 11.2 or 130311.3, in accordance with any applicable requirements provided pursuant to Section 301 2.3 and upon compliance with the conditions set forth below in this ArticleArticle 11. Any such election shall be evidenced by a Board Resolution or in another the manner specified as contemplated by Section 301 2.3 for such Securities.

Appears in 2 contracts

Samples: Midamerican Energy Holdings Co /New/, Trust Indenture (Williams Companies Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or and Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or Section 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election to have or not to have Section 1302 and Section 1303 apply, as the case may be, shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 2 contracts

Samples: Allied Capital Corp, Allied Capital Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 12.2 or Section 1303 12.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 12.2 or 130312.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 1 contract

Samples: PHX Minerals Inc.

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1202 or Section 1303 1203 applied to any Securities or securities of any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1202 or 13031203, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Allegheny Energy Supply Co LLC

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, (unless designated pursuant to Section 301 as not being defeasible pursuant to such Section 1302 or 1303), in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this ArticleArticle Thirteen. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Senior Indenture (Reliant Energy Inc)

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Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1502 or Section 1303 1503 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1502 or 13031503, in accordance with any 76 applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Whiting Petroleum Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this ArticleArticle Thirteen. Any such election shall be evidenced by a Board Resolution or a Company Order or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: TPG Nv

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1402 or Section 1303 1403 applied to any Securities or any series of Securities, as the case may be, be (unless designated pursuant to Section 301 as not being defeasible pursuant to such Section 1302 1402 or 13031403), in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Indenture (Pacifcare Operations Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such SecuritiesResolution.

Appears in 1 contract

Samples: Everest Re Capital Trust

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1502 or Section 1303 1503 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1502 or 13031503, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as 62 72 contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Indenture (Mellon Financial Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Indenture (Cingular Wireless LLC)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1402 or Section 1303 1403 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1402 or 13031403, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Subordinated Indenture (Southwestern Electric Power Co)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, not designated pursuant to Section 301 3.1 as being defeasible indefeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 1 contract

Samples: Berkshire Hathaway Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option option, at any time, elect to have either Section 1302 1602 (if applicable) or Section 1303 1603 (if applicable) be applied with respect to any the Securities or of any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible defeasable pursuant to such Section 1302 1602 or 1303, in accordance with any applicable requirements provided pursuant 1603 to Section 301 and the Outstanding Securities of such series upon compliance with the conditions set forth below in this ArticleArticle Sixteen. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities301.

Appears in 1 contract

Samples: Inco LTD

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1402 or Section 1303 1403 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1402 or 13031403, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this ArticleArticle Fourteen. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Byline Bancorp, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.shall

Appears in 1 contract

Samples: Indenture (Ust Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.02 or Section 1303 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1302 13.02 or 130313.03, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced evidence by a Board Resolution or in another any other manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 1 contract

Samples: Indenture (Rex Energy I, LLC)

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 1 contract

Samples: PHX Minerals Inc.

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 12.02 or Section 1303 12.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1302 12.02 or 130312.03, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced or authorized by a Board Resolution or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 1 contract

Samples: May Department Stores Co

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 1502 or Section 1303 1503 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 1502 or 13031503, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.

Appears in 1 contract

Samples: Mellon Financial Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.. -109-

Appears in 1 contract

Samples: Key3media Group Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.2 or Section 1303 13.3 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.1 as being defeasible pursuant to such Section 1302 13.2 or 130313.3, in accordance with any applicable requirements provided pursuant to Section 301 3.1 and upon compliance with the conditions -61- set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.1 for such Securities.

Appears in 1 contract

Samples: NPS Pharmaceuticals Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option at any time, to have Section 1302 13.02 or Section 1303 13.03 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 3.01 as being defeasible pursuant to such Section 1302 13.02 or 1303Section 13.03, in accordance with any applicable requirements provided pursuant to Section 301 3.01 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 3.01 for such Securities.

Appears in 1 contract

Samples: Indenture (Canadian National Railway Co)

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