Common use of Option to Effect Legal Defeasance or Covenant Defeasance Clause in Contracts

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 44 contracts

Samples: Indenture (Linn Energy, LLC), Indenture (Global Partners Lp), Indenture (EV Energy Partners, LP)

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Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 12.02 or 8.03 12.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 812.

Appears in 15 contracts

Samples: Paying Agent (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, Inc.), Paying Agent (Digital Realty Trust, L.P.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards the Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 12.02 or 8.03 12.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 812.

Appears in 14 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 12 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate of each of the Issuers, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 12 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Holdings Capital Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 11 contracts

Samples: Supplemental Indenture (TerraForm Power, Inc.), Indenture (Sunnova Energy International Inc.), Indenture (Terraform Global, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 9 contracts

Samples: Indenture (Jones Energy, Inc.), Indenture (Jones Energy, Inc.), Indenture (SunCoke Energy Partners, L.P.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 9 contracts

Samples: Indenture (Ascent Capital Group, Inc.), Indenture (LiveWatch Security, LLC), Indenture (Salem Communications Corp /De/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateCertificate of each Issuer, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 9 contracts

Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Las Vegas LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective the Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 8 contracts

Samples: Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.03 or 8.03 8.04 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 8 contracts

Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.02 or 8.03 hereof Section 7.03 with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Seven.

Appears in 8 contracts

Samples: Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp), Supplemental Indenture (Genesis Energy Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 8 contracts

Samples: Indenture (Memorial Production Partners LP), Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 6 contracts

Samples: Funding Guarantor (U.S. Shipping Partners L.P.), Indenture (Ventas Inc), Indenture (Nexstar Broadcasting Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 6 contracts

Samples: Supplemental Indenture (Corrections Corp of America), First Supplemental Indenture (Corrections Corp of America), Supplemental Indenture (CoreCivic, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 5 contracts

Samples: Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 5 contracts

Samples: Indenture (AbitibiBowater Inc.), Indenture (AbitibiBowater Inc.), Indenture (Axiall Corp/De/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 5 contracts

Samples: Indenture (MagnaChip Semiconductor LTD (United Kingdom)), Indenture (American Casino & Entertainment Properties LLC), Indenture (MagnaChip Semiconductor LTD (United Kingdom))

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 5 contracts

Samples: Supplemental Indenture (Liberty Global PLC), Supplemental Indenture (Liberty Global PLC), Supplemental Indenture (Liberty Global PLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ CertificateOfficer’s Certificate of the Issuer, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 5 contracts

Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Unless otherwise provided in respect of a series of Notes, the Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes of any series upon compliance with the conditions set forth below in this Article 8.

Appears in 4 contracts

Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Aptiv Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards the Board of Directors of the Company or the Parent Guarantor, evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 4 contracts

Samples: Indenture (Sequatchie Valley Coal Corp), Indenture (Antelope Coal LLC), Indenture (Cloud Peak Energy Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities of any Series upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 4 contracts

Samples: Indenture (Healthpeak OP, LLC), Physicians Realty L.P., Physicians Realty L.P.

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 4 contracts

Samples: Carrols Restaurant Group, Inc., Carrols Restaurant Group, Inc., Carrols Restaurant Group, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at their joint option and at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an their respective Officers’ CertificateCertificates, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 4 contracts

Samples: Global Security (Radio One, Inc.), Indenture (Niska Gas Storage Partners LLC), Indenture (Radio One, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 4 contracts

Samples: Indenture (Range Resources Corp), Indenture (WildHorse Resource Development Corp), Range Resources (Range Resources Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateCertificate of each Issuer, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes Securities of a series upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Indenture (Chesapeake MLP Operating LLC), Access Permian Midstream LLC, Access Midstream Partners Lp

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.02 or 8.03 hereof Section 7.03 with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Seven.

Appears in 3 contracts

Samples: Indenture (Enviva Partners, LP), Indenture (Enviva Partners, LP), Indenture (USA Compression Partners, LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under with respect to the Securities, elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 3 contracts

Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\), Sweetheart Holdings Inc \De\

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ CertificateOfficer’s Certificate delivered to the Trustee, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Collateral and Security (Ardagh Metal Packaging S.A.), Indenture (Ardagh Metal Packaging S.A.), Senior Indenture (Ardagh Metal Packaging S.A.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the its option of their respective Boards of Directors evidenced by a resolution of its board of directors set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Indenture (International Game Technology), Indenture (International Game Technology PLC), International Game Technology PLC

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateOfficer’s Certificate of the Main Issuer, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all the outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 3 contracts

Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate of each Issuer, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 3 contracts

Samples: Wynn Resorts LTD, Wynn Las Vegas LLC, Indenture (Wynn Resorts LTD)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors and at any time, evidenced by a resolution of each of their Boards of Directors set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Chesapeake Oilfield (Mid-States Oilfield Supply LLC), Indenture (Chesapeake Midstream Partners Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the its option of their respective Boards of Directors evidenced by a resolution of its board of directors set forth in an Officers’ Officer's Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: International Game Technology PLC, International Game Technology PLC

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 2 contracts

Samples: Supplemental Indenture (Vanguard Health Systems Inc), Supplemental Indenture (Vanguard Health Systems Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Officer’s Certificate, and at any time, exercise their rights under elect to have either Section 8.02 8.03 or 8.03 hereof with respect 8.04 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 2 contracts

Samples: Article Twelve (Navios Maritime Holdings Inc.), Article Twelve (Navios Maritime Holdings Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards each of the Issuer’s Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 2 contracts

Samples: Indenture (Oasis Interval Ownership, LLC), Indenture (Oasis Interval Ownership, LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate delivered to the Trustee, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Shreveport Capital Corp, HCS Ii Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 2 contracts

Samples: Indenture (General Communication Inc), Indenture (Gci Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors as evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: North Atlantic Drilling Ltd., North Atlantic Drilling Ltd.

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 2 contracts

Samples: Insight Communications Co Inc, Insight Communications Co Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Ventas Inc, Ventas Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: First Supplemental Indenture (Solutia Inc), Second Supplemental Indenture (Solutia Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and all obligations of the Guarantors upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Services International LLC), Supplemental Indenture (PRETIUM CANADA Co)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, and at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and all outstanding Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Inmarsat Launch CO LTD), Indenture (Inmarsat Holdings LTD)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective its Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 2 contracts

Samples: Indenture (Jack Cooper Logistics, LLC), Indenture (Jack Cooper Holdings Corp.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (CSI Compressco LP), Indenture (CSI Compressco LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Neff Finance Corp.), Indenture (Neff Finance Corp.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ CertificateCertificate of each Issuer, at any time, exercise their rights under either Section 8.02 9.02 or 8.03 9.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.

Appears in 2 contracts

Samples: Supplemental Indenture (Access Midstream Partners Lp), Indenture (Access Midstream Partners Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, and at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Supplemental Indenture (Susser Holdings CORP), Supplemental Indenture (Susser Holdings CORP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Legacy Reserves Lp), Indenture (Legacy Reserves Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards each of its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (NGA Holdco, LLC), Indenture (Eldorado Resorts, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at At the option of their respective Boards the Issuer’s Board of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under the Issuer may elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities of any Series upon compliance with the conditions set forth below in this Article 8Section 8.04.

Appears in 2 contracts

Samples: Indenture (United Air Lines Inc), Amended And (Continental Airlines, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 9.02 or 8.03 9.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.

Appears in 2 contracts

Samples: Supplemental Indenture (Summit Midstream Partners, LP), Indenture (Summit Midstream Partners, LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors and evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.02 or 8.03 hereof Section 7.03 with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Seven.

Appears in 2 contracts

Samples: Indenture (USA Compression Partners, LP), Indenture (USA Compression Partners, LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards the Board of Directors of Holdings evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties LLC)

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Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of both of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Subsidiary Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Foamex Capital Corp

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Hammons John Q Hotels Lp

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at any time at the option of their respective Boards of Directors Directors, evidenced by a resolution Board Besolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 hereof with respect 8.3 be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (Tronox Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes of a series upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Supplemental Indenture (NGL Energy Partners LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights right under either Section 8.02 8.04 or 8.03 8.05 hereof with respect to all a series of outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Supplemental Indenture (Andeavor Logistics Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or Section 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Breitburn Energy Partners LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Martin Midstream Partners Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Interactive Health, Inc.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 9.02 or 8.03 9.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 89.

Appears in 1 contract

Samples: Indenture (Vanguard Natural Resources, LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.or

Appears in 1 contract

Samples: Indenture (Extraction Oil & Gas, LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Regulation S Global Note (Nb Finance Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option by delivery of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at their option and at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 hereof with respect Section 8.3 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (Venator Materials PLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under time elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: TransDigm Group INC

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or Section 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article ARTICLE 8.

Appears in 1 contract

Samples: Indenture (Linn Energy, LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Senior Discount Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: VHS of Anaheim Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, Officer’s Certificate and at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Intercreditor Agreement (Merge Healthcare Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective the Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII. Section 8.02.

Appears in 1 contract

Samples: Indenture (Rancho Holdings Gp LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, and at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Jordan Industries Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at any time at the option of their respective Boards of Directors Directors, evidenced by a resolution Board Besolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 hereof with respect 8.3 be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Tronox (Tronox Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Alpha Natural Resources, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards its Board of Directors and evidenced by a board resolution set forth in and an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 hereof with respect Section 8.3 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Urs Corp /New/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes Securities of any Series upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Usa Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.either

Appears in 1 contract

Samples: Indenture (Summit Midstream Partners, LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or Section 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (NGL Energy Partners LP)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (Vanguard Natural Resources, LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards its Board of Directors and evidenced by a resolution Board Resolution set forth in an Officers’ CertificateOfficer’s Certificates, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (Barrington Quincy LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Nexstar Broadcasting Group Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution resolutions set forth in an Officers’ Certificate' Certificates, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 1 contract

Samples: Appalachian Realty Co

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards the Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Crown Castle International Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers mayIssuer may at any time, at the option of their respective Boards its Board of Directors evidenced by a resolution set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and all obligations of the Guarantors discharged with respect to their Guarantee upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Twist Beauty S.a r.l. & Partners S.C.A.)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate' Certificate of each of the Issuers, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8. Section 8.02.

Appears in 1 contract

Samples: Charter Communications Inc /Mo/

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers maymay at any time, at the option of their respective Boards the Board of Directors evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Crown Castle International Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at their joint option and at any time, at the option of their respective Boards of Directors evidenced by a resolution set forth in an their Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Indenture (Niska Gas Storage Partners LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective the Boards of Directors evidenced by a resolution Board Resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (Plains All American Pipeline Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Superior Essex Inc

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the their option of their respective Boards of Directors evidenced by a resolution of its Board of Directors, set forth in an Officers’ Officer’s Certificate, at any time, exercise their rights under with respect to the Notes, elect to have either Section 8.02 or 8.03 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8.or

Appears in 1 contract

Samples: info.vantiv.com

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards its Board of Directors and evidenced by a resolution Board Resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 or 8.03 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (CDW Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under elect to have either Section 8.02 8.2 or 8.03 8.3 hereof with respect applied to all outstanding Notes upon compliance with the conditions set forth below in this Article 8VIII.

Appears in 1 contract

Samples: Indenture (Listerhill Total Maintenance Center LLC)

Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may, at the option of their respective Boards of Directors evidenced by a resolution set forth in an Officers’ Certificate, at any time, exercise their rights under either Section 8.02 7.2 or 8.03 7.3 hereof with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article 8Section 7.

Appears in 1 contract

Samples: Indenture (Linn Energy, LLC)

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