Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 24 contracts
Samples: Indenture (Oiltanking Partners, L.P.), Indenture (Te Products Pipeline Co LLC), Senior Indenture (MPLX Lp)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 20 contracts
Samples: Indenture (USA Compression Finance Corp.), Indenture (Trust Energy Company, LLC), Indenture (Vanguard Natural Resources, LLC)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Trustees or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Trustees or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 13 contracts
Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Resolution or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Resolution or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may Issuers may, at its option their option, (ai) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (bii) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 12 contracts
Samples: Indenture (Hep Slc, LLC), Indenture (Holly Energy Finance Corp.), Senior Indenture (HEP Mountain Home, L.L.C.)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 11 contracts
Samples: Indenture (Swift Energy Co), Indenture (Swift Energy Co), Indenture (Swift Energy Co)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indentureindenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 10 contracts
Samples: Satisfaction and Discharge of Indenture; Defeasance; Unclaimed Moneys (PSE Finance Corp), Indenture (Regency Energy Partners LP), Indenture (Regency Energy Partners LP)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” ”. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 8 contracts
Samples: Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 8 contracts
Samples: Indenture (Pacific Energy Group LLC), Indenture (Enbridge Energy Partners Lp), Indenture (Williams Energy Partners L P)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 7 contracts
Samples: Warren Resources (Warren Resources of California Inc), Warren Resources of California Inc, Indenture Tia (Pioneer Natural Resources Usa Inc)
Mandatory and Optional Sinking Funds. The provisions of Sections 3.08 and 3.09 shall be applicable to any sinking fund for the retirement of Securities of a series except as otherwise specified as contemplated by Section 2.03 for Securities of such series. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “optional sinking fund payment.” Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such series. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or Company and (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in the terms of such Debt Securities, resolution or supplemental Indenture Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 6 contracts
Samples: Zion Oil & Gas Inc, Chesapeake Energy Marketing Inc, Zion Oil & Gas Inc
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 6 contracts
Samples: Indenture (Energy USA XXI, Inc.), Indenture (ACRES Commercial Realty Corp.), Indenture (EnLink Midstream, LLC)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” ”. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 5 contracts
Samples: Indenture (Swift Energy Co), Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or series herein referred to as an "optional sinking fund payment." The date on which a supplemental Indenture sinking fund payment is to be made is herein referred to as an “optional the "sinking fund paymentpayment date.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt series of Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that such series theretofore purchased or otherwise acquired (except upon redemption pursuant to the mandatory sinking fund) by the Partnership Company or receive credit for Securities of such series (not previously so credited) theretofore purchased or otherwise acquired (except as aforesaid) by the Company and delivered to the Trustee for cancellation pursuant to Section 2.10, (b) receive credit for the principal amount of Debt optional sinking fund payments (not previously so credited) made pursuant to this Section, or (c) receive credit for Securities of that such series which have been (not previously so credited) redeemed either at by the election of the Partnership pursuant to Company through any optional redemption provision contained in the terms of such Debt series. Securities so delivered or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities credited shall be received and or credited for such purpose by the Trustee at the sinking fund redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 5 contracts
Samples: Indenture (Lexar Media Inc), Lexar Media Inc, Transmeta Corp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors of the Partnership or a supplemental Indenture indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors of the Partnership or a supplemental Indenture indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indentureindenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 5 contracts
Samples: Indenture (Turkey Creek Pipeline, LLC), Indenture (Turkey Creek Pipeline, LLC), Indenture (Markwest Energy Partners L P)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “"optional sinking fund payment.” " The date on which a sinking fund payment is to be made is herein referred to as the "sinking fund payment date." In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt series of Securities of a series in cash, the Partnership Issuer may at its option (a) deliver to the Trustee Debt Securities of that such series theretofore purchased or otherwise acquired (except upon redemption pursuant to the mandatory sinking fund) by the Partnership Issuer or receive credit for Securities of such series (not previously so credited) theretofore purchased or otherwise acquired (except as aforesaid) by the Issuer and delivered to the Trustee for cancellation pursuant to Section 2.10, (b) receive credit for the principal amount of Debt optional sinking fund payments (not previously so credited) made pursuant to this Section, or (c) receive credit for Securities of that such series which have been (not previously so credited) redeemed either at by the election of the Partnership pursuant to Issuer through any optional redemption provision contained in the terms of such Debt series. Securities so delivered or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities credited shall be received and or credited for such purpose by the Trustee at the sinking fund redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 5 contracts
Samples: Indenture (Exelon Corp), Indenture (Metromedia Fiber Network Inc), Exelon Corp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 4 contracts
Samples: Pacific Energy Group LLC, Indenture (Chesapeake Alpha Corp), Indenture (Acin LLC)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuer may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuer or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuer pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 4 contracts
Samples: Indenture (Seadrill Partners LLC), Seadrill Partners LLC, MPLX Operations LLC
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 4 contracts
Samples: Indenture (Jonah Gas Gathering Co), Williams Energy Partners L P, Jonah Gas Gathering Co
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, a resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, a resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indentureindenture; provided, provided that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 3 contracts
Samples: Indenture (ONEOK Partners LP), Indenture (ONEOK Partners LP), Indenture (ONEOK Partners LP)
Mandatory and Optional Sinking Funds. The provisions of Sections 3.08 and 3.09 shall be applicable to any sinking fund for the retirement of Securities of a series, if applicable to such series, except as otherwise specified as contemplated by Section 2.03 for Securities of such series. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “optional sinking fund payment.” Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such series. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers at their option may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or Issuers and (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in the terms of such Debt Securities, resolution or supplemental Indenture Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 3 contracts
Samples: Indenture (Chesapeake MLP Operating LLC), Access Permian Midstream LLC, Access Midstream Partners Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” ”. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuer or any Guarantor may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuer or any Guarantor or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuer pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 3 contracts
Samples: Indenture (Jacobs Engineering Group Inc /De/), Indenture (Jacobs Engineering Group Inc /De/), Indenture (Jacobs Solutions Inc.)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In If provided for by the terms of Debt Securities of any series, in lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Trustees the Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such If provided for by the terms of Debt Securities of any series, such Debt Securities shall be received and credited for such purpose by the Trustee Trustees at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Indenture (Dirtt Environmental Solutions LTD), Dirtt Environmental Solutions LTD
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “mandatory sinking fund "MANDATORY SINKING FUND payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “optional sinking fund "OPTIONAL SINKING FUND payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (ai) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (bii) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Kaneb Pipe Line Operating Partnership Lp, Kaneb Pipe Line Operating Partnership Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” ”. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; providedPROVIDED, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Indenture (Worthington Industries Inc), Indenture (Worthington Industries Inc)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuer may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuer or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuer pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, however, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: H&r Block Inc, H&r Block Inc
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indentureindenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Pioneer Natural Resources Co, Pioneer Natural Resources Co
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indentureindenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Brooks Automation Inc, American Home Mortgage Investment Corp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “optional sinking fund payment.” ”. The date on which a sinking fund payment is to be made is herein referred to as the “sinking fund payment date”. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt series of Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that such series theretofore purchased or otherwise acquired (except through a mandatory sinking fund payment) by the Partnership Company or receive credit for Securities of such series (not previously so credited) theretofore purchased or otherwise acquired (except as aforesaid) by the Company and delivered to the Trustee for cancellation pursuant to Section 2.11, (b) receive credit for the principal amount of Debt optional sinking fund payments (not previously so credited) made pursuant to this Section, or (c) receive credit for Securities of that such series which have been (not previously so credited) redeemed either by the Company at the election option of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted any optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.fund
Appears in 2 contracts
Samples: Synovus Financial Corp, Synovus Financial Corp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuer may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuer or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuer pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: MarkWest New Mexico LP, MarkWest New Mexico LP
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership an Issuer or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership an Issuer pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Indenture (Cloud Peak Energy Finance Corp.), Indenture (Cloud Peak Energy Finance Corp.)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, a resolution of the Board of Directors Partnership Policy Committee or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, a resolution of the Board of Directors Partnership Policy Committee or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Northern Border Partners Lp, Northern Border Partners Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Pioneer Natural Resources Usa Inc, Pioneer Natural Resources Usa Inc
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (b) receive credit for the principal amount of Debt Securities of that series which that have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Indenture (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Samples: Senior Indenture (PNG Finance Corp.), PNG Finance Corp.
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". 49 40 In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Sherwin Williams Co
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Directors, or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Directors, or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution resolution, or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution resolution, or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; providedPROVIDED, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Basin Exploration Inc
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “"optional sinking fund payment.” ". The date on which a sinking fund payment is to be made is herein referred to as the "sinking fund payment date". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt series of Securities of a series in cash, the Partnership Issuer may at its option (a) deliver to the Trustee Debt Securities of that such series theretofore purchased or otherwise acquired (except upon redemption pursuant to the mandatory sinking fund) by the Partnership Issuer or receive credit for Securities of such series (not previously so credited) theretofore purchased or otherwise acquired (except as aforesaid) by the Issuer and delivered to the Trustee for cancellation pursuant to Section 2.10, (b) receive credit for the principal amount of Debt optional sinking fund payments (not previously so credited) made pursuant to this Section, or (c) receive credit for Securities of that such series which have been (not previously so credited) redeemed either at by the election of the Partnership pursuant to Issuer through any optional redemption provision contained in the terms of such Debt series. Securities so delivered or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities credited shall be received and or credited for such purpose by the Trustee at the sinking fund redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.such
Appears in 1 contract
Samples: Texas Gas Transmission Corp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution resolution, or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution resolution, or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Indenture (EnLink Midstream, LLC)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which that have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indentureindenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Luminent Mortgage Capital Inc
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “"optional sinking fund payment.” ". The date on which a sinking fund payment is to be made is herein referred to as the "sinking fund payment date". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt series of Securities of a series in cash, the Partnership Issuer may at its option (a) deliver to the Trustee Debt Securities of that such series theretofore purchased or otherwise acquired (except upon redemption pursuant to the mandatory sinking fund) by the Partnership Issuer or receive credit for Securities of such series (not previously so credited) theretofore purchased or otherwise acquired (except as aforesaid) by the Issuer and delivered to the Trustee for cancellation pursuant to Section 2.10, (b) receive credit for the principal amount of Debt optional sinking fund payments (not previously so credited) made pursuant to this Section, or (c) receive credit for Securities of that such series which have been (not previously so credited) redeemed either at by the election of the Partnership pursuant to Issuer through any optional redemption provision contained in the terms of such Debt series. Securities so delivered or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities credited shall be received and or credited for such purpose by the Trustee at the sinking fund redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Illinova Corp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.. Exhibit 4.1 --------
Appears in 1 contract
Samples: Boardwalk Pipeline Partners, LP
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, however, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Guarantee Agreement (Methanex Corp)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; providedPROVIDED, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Cross Timbers Oil Co
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution a Board Resolution of the Board of Directors each Issuer or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution a Board Resolution of the Board of Directors each Issuer or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution Board Resolution of each Issuer or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution of each Issuer or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; providedPROVIDED, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Meridian Industrial Trust Inc
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Supplemental Indenture (Enterprise Products Partners L P)
Mandatory and Optional Sinking Funds. The minimum ------------------------------------- amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been -------- previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Vintage Petroleum Capital I
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Eott Energy Operating Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.received
Appears in 1 contract
Samples: Eott Energy Canada Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Resolution or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors General Partner or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Rayonier Operating Co LLC
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” MANDATORY SINKING FUND PAYMENT”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” OPTIONAL SINKING FUND PAYMENT”. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (ai) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (bii) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Indenture (Valero L P)
Mandatory and Optional Sinking Funds. The ------------------------------------ minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been -------- previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Plains All American Pipeline Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Resolution or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” ”, and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors Resolution or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” ”. In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Bill Barrett Corp
Mandatory and Optional Sinking Funds. The minimum amount of ------------------------------------ any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Electronic Data Systems Corp /De/
Mandatory and Optional Sinking Funds. The minimum ------------------------------------ amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt -------- Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Electronic Data Systems Corp /De/
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership an Issuer or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership an Issuer pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Cloud Peak Energy Resources LLC
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt the Securities of any series, resolution of the Board of Directors or a supplemental Indenture series is herein referred to as an “"optional sinking fund payment.” ". The date on which a sinking fund payment is to be made is herein referred to as the "sinking fund payment date". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt series of Securities of a series in cash, the Partnership Issuer may at its option (a) deliver to the Trustee Debt Securities of that such series theretofore purchased or otherwise acquired (except upon redemption pursuant to the mandatory sinking fund) by the Partnership Issuer or receive credit for Securities of such series (not previously so credited) theretofore purchased or otherwise acquired (except as aforesaid) by the Issuer and delivered to the Trustee for cancellation pursuant to Section 2.10, (b) receive credit for the principal amount of Debt optional sinking fund payments (not previously so credited) made pursuant to this Section 12.5, or (c) receive credit for Securities of that such series which have been (not previously so credited) redeemed either at by the election of the Partnership pursuant to Issuer through any optional redemption provision contained in the terms of such Debt series. Securities so delivered or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities credited shall be received and or credited for such purpose by the Trustee at the sinking fund redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Ocean Energy Inc /La/
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution resolutions of the Board of Directors of each Issuer or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution resolutions of the Board of Directors of each Issuer or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the Board of Directors or a supplemental Indenture indenture is herein referred to as an “"optional sinking fund payment.” ". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Company or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Company pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indentureindenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Mandatory and Optional Sinking Funds. The minimum ------------------------------------ amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” ", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership Issuers may at its their option (a) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership Issuers or (b) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership Issuers pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Plains All American Pipeline Lp
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt any Series of Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as a “"mandatory sinking fund payment,” " and any payment in excess of such minimum amount provided for by the terms of Debt any Series of Securities of any series, resolution of the Board of Directors or a supplemental Indenture is herein referred to as an “"optional sinking fund payment.” " The date on which a sinking fund payment is to be made is herein referred to as the "sinking fund payment date." In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Series of Securities of a series in cash, the Partnership Company may at its option (a) deliver to the Trustee Debt Securities of that series such Series theretofore purchased or otherwise acquired (except upon redemption pursuant to the mandatory sinking fund) by the Partnership Company or receive credit for Securities of such Series (not previously so credited) theretofore purchased or otherwise acquired (except as aforesaid) by the Company and delivered to the Trustee for cancellation pursuant to Section 2.13, (b) receive credit for the principal amount of Debt optional sinking fund payments (not previously so credited) made pursuant to this Section, or (c) receive credit for Securities of that series which have been such Series (not previously so credited) redeemed either at by the election of the Partnership pursuant to Company through any optional redemption provision contained in the terms of such Debt Series. Securities so delivered or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities credited shall be received and or credited for such purpose by the Trustee at the sinking fund redemption price specified in such Debt Securities, resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Samples: Indenture (Union Tank Car Co)
Mandatory and Optional Sinking Funds. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as a “mandatory sinking fund payment,” "MANDATORY SINKING FUND PAYMENT", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any series, resolution of the a Board of Directors Resolution or a supplemental Indenture is herein referred to as an “optional sinking fund payment.” "OPTIONAL SINKING FUND PAYMENT". In lieu of making all or any part of any mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Partnership may at its option (ai) deliver to the Trustee Debt Securities of that series theretofore purchased or otherwise acquired by the Partnership or (bii) receive credit for the principal amount of Debt Securities of that series which have been redeemed either at the election of the Partnership pursuant to the terms of such Debt Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Debt Securities, resolution or supplemental Indenture; provided, that such Debt Securities have not been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Debt Securities, resolution the applicable Board Resolution or supplemental Indenture for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
