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

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 or 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII.

Appears in 22 contracts

Sources: Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc), Indenture (Mmi Products Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 or 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 16 contracts

Sources: Indenture (Highwaymaster Corp), Indenture (Cinemark Usa Inc /Tx), Indenture (SFC New Holdings Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Officer's Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 9 contracts

Sources: Indenture (Metal Management Inc), Indenture (Reliant Energy Solutions LLC), Indenture (Imperial Credit Industries Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Senior Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 8 contracts

Sources: Indenture (Delta Financial Corp), Indenture (Hyperion Telecommunications Inc), Indenture (Varsity Spirit Corporation)

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

Appears in 8 contracts

Sources: Euro Indenture (MDCP Acquisitions I), Dollar Indenture (MDCP Acquisitions I), Indenture (Versatel Telecom International N V)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.04 or 8.3 hereof be 8.05 applied to all outstanding Outstanding Notes upon compliance with the conditions set forth below in this Article VIII.

Appears in 6 contracts

Sources: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateBoard Resolution, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 6 contracts

Sources: Indenture (National Equipment Services Inc), Indenture (Rayovac Corp), Indenture (Supermarket Cigarette Sales Inc)

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

Appears in 6 contracts

Sources: Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Corp /De/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 Section 8.03 hereof be applied to all Notes and Subsidiary Guarantees then outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 5 contracts

Sources: Indenture (Albecca Inc), Indenture (Laralev Inc), Indenture (Diamond Brands Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 5 contracts

Sources: Indenture (Cinemark Inc), Indenture (K&f Industries Inc), Indenture (Microclock Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and Subsidiary Guarantees upon compliance with the conditions set forth below in this Article VIII8.

Appears in 4 contracts

Sources: Indenture (Advanced Medical Inc), Indenture (Katz Media Group Inc), Indenture (Chancellor Media Corp of Los Angeles)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 14.2 or 8.3 hereof 14.3 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII14.

Appears in 3 contracts

Sources: Indenture (Clearwire Corp), Indenture (Clearwire Corp), Indenture (Clearwire Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.4 or 8.3 8.5 hereof be applied to all outstanding Notes Notes, upon compliance with the conditions set forth below in this Article VIII.

Appears in 3 contracts

Sources: Indenture (National Oilwell Inc), Indenture (National Oilwell Inc), Indenture (National Oilwell Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article VIII8.

Appears in 3 contracts

Sources: Subordinated Indenture (Pegasus Communications Corp), Senior Indenture (Pegasus Communications Corp), Senior Indenture (Pegasus Communications Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company maymay at any time, at the option of its Board of Directors evidenced by a resolution Board Resolution set forth in an Officers' Officer’s Certificate, at any time, elect to have either Section 8.2 12.2 or 8.3 12.3 hereof be applied to all outstanding Notes Securities of a series upon compliance with the conditions set forth below in this Article VIIIXII.

Appears in 3 contracts

Sources: Indenture (Inspiration Media Inc), Indenture (Air Hot, Inc.), Indenture (South Texas Broadcasting Inc)

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

Appears in 3 contracts

Sources: Indenture (Echostar DBS Corp), Indenture (Echostar DBS Corp), Indenture (Imperial Credit Industries Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 or 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Caraustar Industries Inc), Indenture (Caraustar Industries Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and Subsidiary Guarantees upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 2 contracts

Sources: Indenture (Onepoint Communications Corp /De), Supplemental Indenture (Windmere Durable Holdings Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 or 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Tv Filme Inc), Indenture (Global Crossing LTD)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors Directors, evidenced by a resolution Board Resolution set forth in an Officers' CertificateCertificate of the Company, at any time, with respect to the Securities, elect to have either Section 8.2 8.03 or 8.3 hereof Section 8.04 below be applied to all the outstanding Notes Securities upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Interface Inc), Indenture (Interface Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8. As of the Issue Date, Section 4(c) of the Repo Agreement imposes limitations on the right of the Company to defease the Notes in certain circumstances.

Appears in 2 contracts

Sources: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 or 8.3 hereof be applied to all outstanding Notes Securities of a Series upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 2 contracts

Sources: Subordinated Indenture (Iron Mountain Inc/Pa), Subordinated Indenture (Iron Mountain Inc/Pa)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Printpack Inc), Indenture (Printpack Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 or 8.3 hereof be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Continental Resources Inc), Indenture (Energy Corp of America)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes Debentures upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Senior Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Senior Note Indenture (Ball Corp), Senior Note Indenture (Ball Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Subordinated Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 2 contracts

Sources: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Senior Notes of any series upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 2 contracts

Sources: Indenture (Niagara Mohawk Power Corp /Ny/), Indenture (Niagara Mohawk Power Corp /Ny/)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have exercise its rights under either Section 8.2 or 8.3 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Kti Inc), Indenture (Kti Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company and the Guarantor may, at the option of its Board their respective Boards of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and Note Guarantee upon compliance with the conditions set forth below in this Article VIII8.

Appears in 2 contracts

Sources: Indenture (Musicland Stores Corp), Indenture (Musicland Group Inc /De)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8. Notwithstanding the satisfaction and discharge of this Indenture, the obligations of the Company to the Trustee under Section 7.07 shall survive.

Appears in 1 contract

Sources: Indenture (Cellular Communications International Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes Bonds upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Northeast Energy Lp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8."

Appears in 1 contract

Sources: Sixth Supplemental Indenture (Amfm Inc)

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

Appears in 1 contract

Sources: Indenture (Greyhound Lines Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and all outstanding Note Guarantees upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Key Energy Services Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate’ Certificate delivered to the Trustee, at any time, elect to have exercise its rights under either Section 8.2 8.02 or 8.3 8.03 hereof be applied with respect to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Hornbeck Offshore Services Inc /La)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its the Board of Directors evidenced by a resolution Board Resolutions set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Nci Building Systems Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 9.02 or 8.3 9.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIINine.

Appears in 1 contract

Sources: Exhibit (Check Mart of New Mexico Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate delivered to the Trustee, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Metromedia Fiber Network Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company Issuers may, at the option of its the Board of Directors of the Company evidenced by a resolution set forth in an Officers' CertificateCertificate delivered to the Trustee, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Las Vegas Sands Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and Guarantees thereof upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Dyersburg Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Officer's Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Greenbrier Companies Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have exercise its rights under either Section 8.2 8.02 or 8.3 8.03 hereof be applied with respect to all outstanding Notes Debentures upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Greyhound Lines Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Officer's Certificate, at any time, elect to have either Section 8.2 12.02 or 8.3 12.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII12.

Appears in 1 contract

Sources: Indenture (Aei Resources Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company and the Guarantors may, at the option of its Board their respective Boards of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and Notes Guarantees upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Von Hoffmann Holdings Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 Section 8.03 hereof be applied to all Notes then outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (J Crew Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Noveon Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company and the Subsidiary Guarantors may, at the option of its Board their respective Boards of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Ameriserve Transportation Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes and the Guarantors' obligations discharged with respect to the Note Guarantees upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture Agreement (Uk Abba Products Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate complying with Section 11.04 and 11.05 delivered to the Trustee, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Dobson Communications Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Senior Secured Discount Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Sf Holdings Group Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, Certificate and at any time, with respect to the Senior Notes, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Senior Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Senior Note Indenture (Intermedia Communications Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, with respect to the Notes, elect to have either Section 8.2 8.02 or 8.3 hereof 8.03 be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIIEight. In the event of Legal Defeasance or Covenant Defeasance, the security interest described under Section 4.18 will be released.

Appears in 1 contract

Sources: Indenture (Advanced Radio Telecom Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate of the Company, at any time, elect to have either Section 8.2 or 8.3 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII.

Appears in 1 contract

Sources: Indenture (Loomis Fargo & Co)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate complying with Section 13.04 and 13.05 delivered to the Trustee, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIIEight.

Appears in 1 contract

Sources: Indenture (Dutchess County Cellular Telephone Co Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have the provisions of either Section 8.2 8.02 or 8.3 hereof be 8.03 applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Pf Net Communications Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes Securities of one or more series upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Subordinated Indenture (Pegasus Communications Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' Officer's Certificate, at any time, elect to have either Section 8.2 8.03 or 8.3 8.04 hereof be applied to all outstanding Outstanding Notes and the Guarantees upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Indenture (Conmed Corp)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its the Board of Directors evidenced by a resolution set forth in an Officers' Certificate, at any time, elect to have either Section 8.2 7.02 or 8.3 7.03 hereof be applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIIIVII.

Appears in 1 contract

Sources: Indenture (United Community Banks Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. The Company may, at the option of its Board of Directors evidenced by a resolution set forth in an Officers' CertificateCertificate delivered to the Trustee, at any time, with respect to the Securities, elect to have either Section 8.2 8.02 or 8.3 8.03 hereof be applied to all outstanding Notes Securities upon compliance with the conditions set forth below in this Article VIII8.

Appears in 1 contract

Sources: Credit Agreement (Chattem Inc)