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

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 or (b) covenant defeasance of the Securities of a series under Section 1303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article 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, with respect to the Securities of such series, elect to have either Section 1302 (if applicable) or Section 1303 (if applicable) applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 7 contracts

Samples: Fred Meyer Inc, Owens Corning Capital Ii, Gap Inc

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

Appears in 6 contracts

Samples: Indenture (NSP Financing Ii), Indenture (NSP Financing Ii), Kennametal Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 or (b) covenant defeasance of the Securities of a series under Section 1303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article 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, with respect to the Securities of such series, elect to have either Section 1302 (if applicable) or Section 1303 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 6 contracts

Samples: Article Twelve (Meadwestvaco Corp), Indenture (Meadwestvaco Corp), Article Twelve (Mead Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1402 or (b) covenant defeasance of the Securities of a series under Section 1303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesFourteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 1402 (if applicable) or Section 1303 1403 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFourteen.

Appears in 3 contracts

Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD

Company’s Option to Effect Defeasance or Covenant Defeasance. If Unless pursuant to Section 301 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 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 130313.3 to not be applicable with respect to the Securities of such series, then the provisions of such Section or Sections, as the case may beSections 13.2 and 13.3, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesXIII, 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, with respect to the Securities of such series, elect to have either Section 1302 (if applicable) 13.2 or Section 1303 (if applicable) 13.3 be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenXIII.

Appears in 3 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 13.2 or (b) covenant defeasance of the Securities of a series under Section 130313.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesXIII, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 13.2 (if applicable) or Section 1303 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenXIII.

Appears in 3 contracts

Samples: Indenture (Nalco Chemical Co), Alberto Culver Co, Susquehanna Bancshares Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a1) defeasance of the Securities of a series under Section 1302 or (b2) covenant defeasance of the Securities of a series under Section 1303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesArticle, 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, with respect to the Securities of such series, elect to have either Section 1302 (if applicable) or Section 1303 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenArticle.

Appears in 2 contracts

Samples: Foster Wheeler Corp, Carlisle Companies Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1502 or (b) covenant defeasance of the Securities of a series under Section 13031503, then the provisions of such Section 1502 or SectionsSection 1503, as the case may be, together with the other provisions of this Article ThirteenSections 1504, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities1505 and 1506, shall be applicable to the Securities of such series, and the Company may may, at its option by Board ResolutionOfficer's Certificate, at any time, with respect to the Securities of such series, elect to have either Section 1302 1502 (if applicable) or Section 1303 1503 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFifteen.

Appears in 2 contracts

Samples: Indenture (Viacom International Inc /De/), Indenture (Viacom Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. If Unless pursuant to Section 301 3.01 provision is made for the inapplicability of either or both of (a) defeasance of the Securities of a series under Section 1302 13.02 or (b) covenant defeasance of the Securities of a series under Section 130313.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesArticle, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 13.02 (if applicableunless inapplicable) or Section 1303 13.03 (if applicableunless inapplicable) be applied to the Outstanding Securities of such series upon compliance with the applicable conditions set forth below in this Article ThirteenArticle.

Appears in 2 contracts

Samples: Interpublic Group of Companies Inc, Interpublic Group of Companies Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1502 or (b) covenant defeasance of the Securities of a series under Section 13031503, then the provisions of such Section 1502 or SectionsSection 1503, as the case may be, together with the other provisions of this Article ThirteenSections 1504, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities1505 and 1506, shall be applicable to the Securities of such series, and the Company may may, at its option by Board ResolutionOfficer’s Certificate, at any time, with respect to the Securities of such series, elect to have either Section 1302 1502 (if applicable) or Section 1303 1503 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFourteen.

Appears in 2 contracts

Samples: Reconciliation And (CBS Operations Inc.), CBS Operations Inc.

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1502 or (b) covenant defeasance of the Securities of a series under Section 13031503, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesFifteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 1502 (if applicable) or Section 1303 1503 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFifteen.

Appears in 2 contracts

Samples: Indenture (Richfood Holdings Inc), Richfood Holdings Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1402 or (b) covenant defeasance of the Securities of a series under Section 13031403, then the provisions of such Section 1402 or SectionsSection 1403, as the case may be, together with the other provisions of this Article ThirteenSections 1404, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities1405 and 1406, shall be applicable to the Securities of such series, and the Company may may, at its option by Board ResolutionOfficer's Certificate, at any time, with respect to the Securities of such series, elect to have either Section 1302 1402 (if applicable) or Section 1303 1403 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFourteen.

Appears in 2 contracts

Samples: Viacom Inc, Viacom Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1502 or (b) covenant defeasance of the Securities of a series under Section 13031503, then the provisions of such Section 1502 or SectionsSection 1503, as the case may be, together with the other provisions of this Article ThirteenSections 1504, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities1505 and 1506, shall be applicable to the Securities of such series, and the Company may may, at its option by Board ResolutionOfficer's Certificate, at any time, with respect to the Securities of such series, elect to have either Section 1302 1502 (if applicable) or Section 1303 1503 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFourteen.

Appears in 1 contract

Samples: Viacom International Inc /De/

Company’s Option to Effect Defeasance or Covenant Defeasance. If Unless pursuant to Section 301 provision is made for the inapplicability of either or both of (a) defeasance Defeasance of the Securities of a series under Section 1302 1402 or (b) covenant defeasance Covenant Defeasance of the Securities of a series under Section 13031403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesArticle, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 1402 (if applicableunless inapplicable) or Section 1303 1403 (if applicableunless inapplicable) be applied to the Outstanding Securities of such series upon compliance with the applicable conditions set forth below in this Article ThirteenArticle.

Appears in 1 contract

Samples: Michigan Consolidated Gas Co /Mi/

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1502 or (b) covenant defeasance of the Securities of a series under Section 13031503, then the provisions of such Section 1502 or SectionsSection 1503, as the case may be, together with the other provisions of this Article ThirteenSections 1504, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities1505 and 1506, shall be applicable to the Securities of such 80 series, and the Company may may, at its option by Board ResolutionOfficer's Certificate, at any time, with respect to the Securities of such series, elect to have either Section 1302 1502 (if applicable) or Section 1303 1503 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFourteen.

Appears in 1 contract

Samples: Indenture (Viacom International Inc /De/)

Company’s Option to Effect Defeasance or Covenant Defeasance. If If, pursuant to Section 301 3.1, provision is made for either or both of (a) defeasance Defeasance of the Securities of a series under Section 1302 13.2 or (b) covenant defeasance Covenant Defeasance of the Securities of a series under Section 130313.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesXIII, shall be applicable to the Securities of such series, and the Company may at its option by Board ResolutionResolution or in any other manner specified as contemplated by Section 3.1, at any time, with respect to the Securities of such series, elect to have either Section 1302 13.2 (if applicable) or Section 1303 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.XIII. Section 13.2

Appears in 1 contract

Samples: NewtekOne, Inc.

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Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1402 or (b) covenant defeasance of the Securities of a series under Section 13031403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesArticle, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 1402 (if applicable) or Section 1303 1403 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenArticle.

Appears in 1 contract

Samples: Wellman Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 13.2 or (b) covenant defeasance of the Securities of a series under Section 130313.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesXIII, shall be applicable to the Securities of such series, and the Company may at its option by a Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 13.2 (if applicable) or Section 1303 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenXIII.

Appears in 1 contract

Samples: Case Credit Corp

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1502 or (b) covenant defeasance of the Securities of a series under Section 13031503, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article ThirteenFifteen, 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, with respect to the Securities of such series, elect to have either Section 1302 1502 (if applicable) or Section 1303 1503 (if applicable) applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFifteen.

Appears in 1 contract

Samples: Unova Inc

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance Defeasance of the Securities of a series under Section 1302 or (b) covenant defeasance Covenant Defeasance of the Securities of a series under Section 1303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article 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 Resolutionoption, at any time, with respect to the Securities of such series, elect to have either Section 1302 (if applicable) or Section 1303 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article 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: Ipc Holdings LTD

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1402 or (b) covenant defeasance of the Securities of a series under Section 13031403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any SecuritiesFourteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 1402 (if applicable) or Section 1303 1403 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFourteen.

Appears in 1 contract

Samples: Indenture (Ambac Financial Group Inc)

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 or (b) covenant defeasance of the Securities of a series under Section 1303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article 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, with respect to the Securities of such series, elect to have either Section 1302 (if applicable) or Section 1303 (if -57- applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 1 contract

Samples: Article Twelve (Ferro Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 1402 or (b) covenant defeasance of the Securities of a series under Section 13031403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article 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, with respect to the Securities of such series, elect to have either Section 1302 1402 (if applicable) or Section 1303 1403 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article ThirteenFourteen.

Appears in 1 contract

Samples: Indenture (Raytheon Co/)

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 13.02 or (b) covenant defeasance of the Securities of a series under Section 130313.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article 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, with respect to the Securities of such series, elect to have either Section 1302 13.02 (if applicable) or Section 1303 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen.

Appears in 1 contract

Samples: Indenture (Roper Industries Inc /De/)

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 3.01 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 13.02 or (b) covenant defeasance of the Securities of a series under Section 130313.03 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 Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities13, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolutionoption, at any time, with respect to the Securities of such series, elect to have either Section 1302 13.02 (if applicable) or Section 1303 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen13.

Appears in 1 contract

Samples: Trust Indenture (Thomas & Betts Corp)

Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 3.1 provision is made for either or both of (a) defeasance of the Securities of a series under Section 1302 13.2 or (b) covenant defeasance of the Securities of a series under Section 130313.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Thirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities13, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of such series, elect to have either Section 1302 13.2 (if applicable) or Section 1303 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article Thirteen13.

Appears in 1 contract

Samples: Willamette Industries Inc

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