DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 49 contracts
Samples: Indenture (Renaissancere Holdings LTD), Validus Holdings (UK) PLC, Validus Holdings (UK) PLC
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Unless, pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 402 or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 17 contracts
Samples: Indenture (CSX Corp), Indenture (CSX Transportation Inc), Indenture (Winn Dixie Logistics Inc)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless SECTION 1401. Applicability of Article; Company's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3.1301, provision is made for either or both of (ia) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 1402 or (iib) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 1403, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(21402 (if applicable) or Section 4.2(31403 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article.
Appears in 14 contracts
Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust), Worldcom Inc /Ga/
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company Issuer may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 9 contracts
Samples: Indenture (Reckson Operating Partnership Lp), Agreement and Plan of Merger (Reckson Associates Realty Corp), Indenture (Reckson Associates Realty Corp)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Unless, pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 402, or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board ResolutionResolution or Officers' Certificate, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 6 contracts
Samples: Apache Finance Canada Corp, Apache Corp, Apache Finance Canada Corp
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining theretoSecurities, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 6 contracts
Samples: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.), Indenture (DCP Midstream Partners, LP)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Section 1401. Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.1, 301 provision is made for either or both of (ia) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 1402 or (iib) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 1403, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(21402 (if applicable) or Section 4.2(31403 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article.
Appears in 5 contracts
Samples: Indenture (Federated National Holding Co), Indenture (Federated National Holding Co), Indenture (Winnsboro DC, LLC)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining theretoSecurities, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 5 contracts
Samples: Reconciliation And (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company Issuers may at its their option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 4 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.13.01, either or both of (i) defeasance of the Securities of or within a series under clause (2b) of this Section 4.2 4.02 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3c) of this Section 4.2 4.02 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 4.02 (with such modifications thereto as may be specified pursuant to Section 3.1 3.01 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(24.02(b) or Section 4.2(34.02(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.24.02.
Appears in 4 contracts
Samples: Partnerre LTD, Indenture (PartnerRe Finance B LLC), Partnerre LTD
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company Issuers may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 4 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Section 14.1 APPLICABILITY OF ARTICLE; COMPANY'S OPTION TO EFFECT DEFEASANCE OR COVENANT DEFEASANCE If, pursuant to Section 3.1, provision is made for either or both of (i1) defeasance of the Securities of or within a series under clause Section 14.2 or (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 14.3, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article XIV (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(214.2 (if applicable) or Section 4.2(314.3 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article XIV.
Appears in 4 contracts
Samples: Commercial Net Lease Realty Inc, Commercial Net Lease Realty Inc, National Retail Properties, Inc.
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless SECTION 1401. Applicability of Article; Company's Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 3.1, 301 provision is made for either or both of (ia) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 1402 or (iib) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 1403, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(21402 (if applicable) or Section 4.2(31403 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article.
Appears in 3 contracts
Samples: Indenture (Deere & Co), Indenture (Pseg Energy Holdings Inc), Pseg Fossil LLC
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Section 14.1 APPLICABILITY OF ARTICLE; COMPANY'S OPTION TO EFFECT DEFEASANCE OR COVENANT DEFEASANCE If, pursuant to Section 3.1, provision is made for either or both of (i1) defeasance of the Securities of or within a series under clause Section 14.2 or (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 14.3, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article Fourteen (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(214.2 (if applicable) or Section 4.2(314.3 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article Fourteen.
Appears in 3 contracts
Samples: Indenture (Neurocrine Biosciences Inc), Indenture (Leap Wireless International Inc), Indenture (Jmar Technologies Inc)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless SECTION 1401. Applicability of Article; Company's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3.1301, provision is made for either or both of (ia) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 1402 or (iib) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 1403, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article (with such modifications thereto as as, may be specified pursuant to Section 3.1 301 with respect to any Securities), ) shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(21402 (if applicable) or Section 4.2(31403 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article.
Appears in 3 contracts
Samples: Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii), Indenture (Semco Capital Trust Iii)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless SECTION 1401. Applicability of Article: Company's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3.1301, provision is made for either or both of (ia) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 1402 or (iib) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 1403, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(21402 (if applicable) or Section 4.2(31403 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article.
Appears in 3 contracts
Samples: Indenture (Avalonbay Communities Inc), Oasis Residential Inc, Bay Apartment Communities Inc
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless SECTION 1401. Applicability of Article: Partnership's Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3.1301, provision is made for either or both of (ia) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 1402 or (iib) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to 1403, then the Securities provisions of such seriesSection or Sections, then such provisionsas the case may be, together with the other provisions of this Section 4.2 Article (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons coupons appertaining thereto, and the Company Partnership may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons coupons appertaining thereto, elect to have Section 4.2(21402 (if applicable) or Section 4.2(31403 (if applicable) be applied to such Outstanding Securities and any Coupons coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2Article.
Appears in 3 contracts
Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Beacon Properties L P
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3Section 4.2(3) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 3 contracts
Samples: Indenture (Mgic Investment Corp), Mgic Investment Corp, Convergys Corp
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 12.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(212.2(b) or Section 4.2(312.2(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.212.2.
Appears in 2 contracts
Samples: Quanta Capital Holdings LTD, Endurance Specialty Holdings LTD
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2b) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3c) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 12.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, the Company and the Company Guarantor may at its option their options by their respective Board ResolutionResolutions, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(212.2(b) or Section 4.2(312.2(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.212.2.
Appears in 2 contracts
Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2b) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3c) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 12.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(212.2(b) or Section 4.2(312.2(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.212.2.
Appears in 2 contracts
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining theretoSecurities, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 2 contracts
Samples: Indenture (Radisys Corp), Radisys Corp
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 402, or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board ResolutionResolution or Officers' Certificate, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 2 contracts
Samples: Securities and Guarantee (Apache Corp), Securities and Guarantee (Apache Corp)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, 301 either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company Issuer may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 2 contracts
Samples: Indenture (Tanger Properties LTD Partnership /Nc/), Indenture (Highwoods Forsyth L P)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.12.4, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 8.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 8.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 8.2 (with such modifications thereto as may be specified pursuant to Section 3.1 2.4 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining theretoSecurities, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(28.2(2) or Section 4.2(38.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.28.2.
Appears in 2 contracts
Samples: Indenture (CIT Group Funding CO of Canada), Indenture (Cit Group Inc)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities Notes of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities Notes of such series or (ii) covenant defeasance of the Securities Notes of or within a series under clause (3) of this Section 4.2 shall not be applicable with respect to the Securities Notes of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any SecuritiesNotes), shall be applicable to such Securities Notes and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities Notes and any Coupons appertaining thereto, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities Notes and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 2 contracts
Samples: Cit Group Inc, Cit Group Inc
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2Section 12.2(b) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3Section 12.2(c) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 12.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(212.2(b) or Section 4.2(312.2(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.212.2.
Appears in 2 contracts
Samples: Indenture (National Grid PLC), Indenture (National Grid PLC)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Unless, pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 402 or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of or within such Securities series and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.402. Unless otherwise specified pursuant to Section 301 with respect to the Securities of any series, defeasance under clause (2) of this Section 402 and covenant defeasance under clause
Appears in 2 contracts
Samples: Indenture (KKR Financial Holdings IV, LLC), Indenture (KKR Financial Holdings IV, LLC)
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2b) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3c) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(24.2(b) or Section 4.2(34.2(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 1 contract
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Unless, pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 402 or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to the Securities of or within such Securities series and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 1 contract
Samples: CNF Transportation Inc
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2Section 4.2(2) of this Section 4.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3Section 4.2(3) of this Section 4.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 1 contract
Samples: Meridian Bioscience Inc
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless If, pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 402, or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board ResolutionResolution or Officers' Certificate, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 1 contract
Samples: Apache Trust Ii
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2b) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3c) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 12.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, the Company and the Company Guarantor may at its their option by their respective Board ResolutionResolutions, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(212.2(b) or Section 4.2(312.2(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.212.2.
Appears in 1 contract
Samples: Platinum Underwriters Holdings LTD
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless Unless, pursuant to Section 3.1301, either or both of (i) defeasance of the Securities of or within a series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series 402 or (ii) covenant defeasance of the Securities of or within a series under clause (3) of this Section 4.2 402 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 402 (with such modifications thereto as may be specified pursuant to Section 3.1 301 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2402(2) or 34 Section 4.2(3402(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2402.
Appears in 1 contract
Samples: Bay View Capital Corp
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.13.01, either or both of (i) defeasance of the Securities of or within a series under clause (2b) of this Section 4.2 4.02 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or 41 within a series under clause (3c) of this Section 4.2 4.02 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 4.02 (with such modifications thereto as may be specified pursuant to Section 3.1 3.01 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(24.02(b) or Section 4.2(34.02(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.24.02.
Appears in 1 contract
Samples: Indenture (Partnerre LTD)
DEFEASANCE AND COVENANT DEFEASANCE. (1a) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series under clause (2b) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series or (ii) covenant defeasance of the Securities of or within a series under clause (3c) of this Section 4.2 12.2 shall not be applicable with respect to the Securities of such series, then such provisions, together with the other provisions of this Section 4.2 12.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board ResolutionResolutions, at any time, with respect to such Securities and any Coupons appertaining theretoSecurities, elect to have Section 4.2(212.2(b) or Section 4.2(312.2(c) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.212.2.
Appears in 1 contract
Samples: Indenture (Sirius International Insurance Group, Ltd.)
DEFEASANCE AND COVENANT DEFEASANCE. (1) Unless pursuant to Section 3.1, either or both of (i) defeasance of the Securities of or within a series Series under clause (2) of this Section 4.2 shall not be applicable with respect to the Securities of such series Series or (ii) covenant defeasance of the Securities of or within a series Series under clause (3) of this Section 4.2 shall not be applicable with respect to the Securities of such seriesSeries, then such provisions, together with the other provisions of this Section 4.2 (with such modifications thereto as may be specified pursuant to Section 3.1 with respect to any Securities), shall be applicable to such Securities and any Coupons appertaining thereto, and the Company may at its option by Board Resolution, Resolution set forth in an Officers’ Certificate at any time, with respect to such Securities and any Coupons appertaining thereto, elect to have Section 4.2(2) or Section 4.2(3) be applied to such Outstanding Securities and any Coupons appertaining thereto upon compliance with the conditions set forth below in this Section 4.2.
Appears in 1 contract
Samples: Reconciliation and Tie (RJE Telecom of California, Inc.)
