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 by Board Resolution at any time, to have either Section 13.02 or Section 13.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII (hereinafter called a “Defeasible Series”), upon compliance with the conditions set forth below in this Article XIII; provided that Section 13.02 shall not apply to any series of Securities that is convertible into Common Stock as provided in Article XIV or convertible into or exchangeable for any other securities pursuant to Section 3.01(21).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 or Section 13.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII (hereinafter called a “Defeasible Series”), upon compliance with the conditions set forth below in this Article XIII; provided that Section 13.02 shall not apply to any series of Securities that is convertible into Common Stock as provided in Article XIV or convertible into or exchangeable for any other securities pursuant to Section 3.01(213.01(20).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 14.02 or Section 13.03 14.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII XIV (hereinafter called a “Defeasible Series”), upon compliance with the conditions set forth below in this Article XIIIXIV; provided that Section 13.02 14.02 shall not apply to any series of Securities that is convertible into Common Stock as provided in Article XIV XV or convertible into or exchangeable for any other securities pursuant to Section 3.01(213.01(18).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 5.02 or Section 13.03 5.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 2.01 as being defeasible pursuant to this Article XIII V (hereinafter called a “Defeasible Series”), upon compliance with the conditions set forth below in this Article XIII; V, provided that Section 13.02 shall 5.02 will not apply to any series of Securities that is convertible exchangeable into Common Stock as provided in Article XIV or convertible into pursuant to Section 2.01(b)(xvi) or exchangeable for any other securities pursuant to Section 3.01(212.01(b)(xvii).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 14.02 or Section 13.03 14.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII XIV (hereinafter called a “"Defeasible Series”"), upon compliance with the conditions set forth below in this Article XIIIXIV; provided that Section 13.02 14.02 shall not apply to any series of Securities that is convertible into Common Stock as provided in Article XIV XV or convertible into or exchangeable for any other securities pursuant to Section 3.01(213.01(18).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 or Section 13.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII (hereinafter called a “"Defeasible Series”"), upon compliance with the conditions set forth below in this Article XIII; provided that Section 13.02 shall not apply to any series of Securities that is convertible into Common Stock as provided in Article XIV XV or convertible into or exchangeable for any other securities pursuant to Section 3.01(213.01(18).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 or Section 13.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII (hereinafter called a “Defeasible Series”), upon compliance with the conditions set forth below in this Article XIII; provided that Section 13.02 shall not apply to any series of Securities that is convertible into Common Stock as provided in Article XIV XV or convertible into or exchangeable for any other securities pursuant to Section 3.01(213.01(18).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution Resolution, at any time, elect to have either Section 13.02 1102 or Section 13.03 1103 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 301 as being defeasible pursuant to this Article XIII Eleven (hereinafter called a “"Defeasible Series”"), upon compliance with the conditions set forth below in this Article XIII; Eleven, provided that Section 13.02 shall 1102 will not apply to any series of Securities that is either convertible into Common Stock as provided in Article XIV or convertible into or exchangeable for any other securities Securities pursuant to Section 3.01(21)301.

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 or Section 13.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII (hereinafter called a “"Defeasible Series”"), upon compliance with the conditions set forth below in this Article XIII; provided that Section 13.02 shall not apply to any series of Securities that is convertible into Common Stock Shares as provided in Article XIV or convertible into or exchangeable for any other securities pursuant to Section 3.01(213.01(17).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by resolution of the Company’s Board Resolution of Directors at any time, to have either Section 13.02 11.02 or Section 13.03 11.03 applied to the Outstanding Debt Securities of any series designated pursuant to Section 3.01 2.03 as being defeasible pursuant to this Article XIII 11 (hereinafter called a “Defeasible Series”), upon compliance with the conditions set forth below in this Article XIII; 11, provided that Section 13.02 shall 11.02 will not apply to any series of Debt Securities that is convertible into Common Stock as provided in Article XIV or convertible into or exchangeable for any other securities pursuant to Section 3.01(212.03(h).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 or Section 13.03 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 as being defeasible pursuant to this Article XIII (hereinafter called a “Defeasible Series”), upon compliance with the conditions set forth below in this Article XIII; provided that Section 13.02 shall not apply to any series of Securities that is convertible into Common Stock Shares as provided in Article XIV or convertible into or exchangeable for any other securities pursuant to Section 3.01(213.01(17).

Company’s Option to Effect Defeasance or Covenant Defeasance. The Company may elect, at its option by Board Resolution at any time, to have either Section 13.02 1302 or Section 13.03 1303 applied to the Outstanding Securities of any series designated pursuant to Section 3.01 301 as being defeasible pursuant to this Article XIII Thirteen (hereinafter called a “"Defeasible Series”"), upon compliance with the conditions set forth below in this Article XIIIThirteen; provided that Section 13.02 shall 1302 will not apply to any series of Securities that is convertible into Common Stock as provided in Article XIV or convertible into or exchangeable for any other securities pursuant to Section 3.01(21301(18).