Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 or 12.3 be applied to all Outstanding Notes upon compliance with the conditions set forth below in this Article XII.
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (CyrusOne Inc.), Third Supplemental Indenture (CyrusOne Inc.), Second Supplemental Indenture (CyrusOne Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 4 contracts
Samples: Additional Intercreditor Agreement (Orion Engineered Carbons S.a r.l.), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 4 contracts
Samples: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the its option evidenced by a resolution of the its Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 4 contracts
Samples: Indenture (Sappi LTD), Indenture (Sappi LTD), Indenture (Sappi LTD)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors Management Committee of the Company Partnership evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 4 contracts
Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at Issuer may, any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes and the Note Guarantees upon compliance with the conditions set forth below in this Article XII8.
Appears in 4 contracts
Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors of the Company Management Committee evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding Notes outstanding Debentures upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 3 contracts
Samples: Indenture (Anthony Crane Rental Holdings Lp), Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of their respective boards of directors or the Board of Directors of the Company CCI evidenced by a Board Resolution resolution set forth in an Officer’s CertificateOfficers' Certificate of each of the Issuers, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 3 contracts
Samples: Charter Communications Holdings LLC, Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Partnership’s Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 3 contracts
Samples: Supplemental Indenture (CVR Partners, Lp), Indenture (Rentech Nitrogen Partners, L.P.), Supplemental Indenture (CVR Energy Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 3 contracts
Samples: Virgin Media Inc., Virgin Media Inc., Corporate Express Delivery Systems Air Division Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, with respect to the Notes, elect to have either Section 12.2 8.03 or 12.3 be 8.04 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 3 contracts
Samples: Supplemental Indenture (Akumin Inc.), Contingent Value Rights Agreement (Akumin Inc.), Akumin Inc.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes (including the Guarantees) upon compliance with the conditions set forth below in this Article XII8.
Appears in 3 contracts
Samples: Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may Issuer may, at its option at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Indenture (Allwyn Entertainment AG), Allwyn Entertainment Financing (Allwyn Entertainment AG)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors of the Company Management Committee evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 2 contracts
Samples: Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may Issuer may, at its option and at any time, at the option evidenced by a resolution of the its Board of Directors of the Company evidenced accompanied by a Board Resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 Section 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Intercreditor Agreement (Tronox Holdings PLC), Tronox Holdings PLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeAn Issuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, at any time, elect to have either Section 12.2 11.02 or 12.3 11.03 be applied to all Outstanding Notes outstanding Securities upon compliance with the conditions set forth below in this Article XIIEleven.
Appears in 2 contracts
Samples: Wal Mart Cayman Sterling Finance Co, Wal Mart Cayman Sterling Finance Co
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Partnership’s Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s CertificateOfficers’ Certificate delivered to the Trustee, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be Section 8.03 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 2 contracts
Samples: Indenture (Compton Petroleum Holdings CORP), Supplemental Indenture (Compton Petroleum Holdings CORP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company either Issuer evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Indenture (Broadcom LTD), Indenture (Broadcom Cayman L.P.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Indenture (VimpelCom Ltd.), Indenture (VimpelCom Ltd.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the Board of Directors of the Company Issuer evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Indenture (Exterran Partners, L.P.), Indenture (Eagle Rock Energy Partners L P)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may Issuer may, at their option and at any time, at the option evidenced by a resolution of the its Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 Section 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Tronox LTD, Tronox LTD
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the its option evidenced by a resolution of the its Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 2 contracts
Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes and the Notes Guarantees related to the Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 2 contracts
Samples: Indenture (Windstream Services, LLC), Windstream Services, LLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution set forth in resolution accompanied by an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding Notes and the Note Guarantees upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: ESAB Corp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Management Committee or Board of Directors of the Company Directors, as applicable, evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the their option evidenced by a resolution of the Board of Directors of the Company evidenced by a Board Resolution Issuer set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (Lmi Aerospace Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the Issuer’s Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (LSB Industries Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 applied to all Outstanding outstanding Notes and Guarantees upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Omnova Solutions Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 1 contract
Samples: Compton Petroleum Holdings CORP
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the Board its Boards of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (Berry Petroleum Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Issuers’ Board of Directors of the Company evidenced by a Board Resolution resolutions set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes (including the Note Guarantees) upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. 50 The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 12.02 or 12.3 12.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII12.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company Managers evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors of the Company Management Committee evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (Eldorado Resorts LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, at any time, with respect to the Notes, elect to have either Section 12.2 8.2 or 12.3 8.3 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Avery Berkel Holdings LTD
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIthe relevant Sections, as the case may be.
Appears in 1 contract
Samples: Indenture (ReNew Energy Global PLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 12.02 or 12.3 12.03 hereof be applied to all Outstanding outstanding Notes of any series upon compliance with the conditions set forth below in this Article XII12.
Appears in 1 contract
Samples: Essex Portfolio Lp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may Issuer may, at its option and at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Collateral Trust Agreement (Primus Telecommunications Group Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may may, at their option and at any time, at the option of the Board of Directors of the Company in each case evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, elect to have apply either Section 12.2 8.2 or 12.3 be applied 8.3 hereof to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: U S Timberlands Co Lp
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes and all obligations of the Guarantors upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the Board of Directors of the Company Issuer evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 11.02 or 12.3 11.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII10.
Appears in 1 contract
Samples: Corporacion Durango S.A .De C.V.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, and at any time, elect to have either Section 12.2 8.03 or 12.3 8.04 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (MAAX Holdings, Inc.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors of the Company Management Committee evidenced by a Board Resolution resolution set forth in an Officer’s Officers' Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Remington Products Co LLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, and at any time, elect to have either Section 12.2 8.03 or 12.3 be 8.04 applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 1 contract
Samples: Horizon Lines, Inc.
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the its option evidenced by a resolution of the its Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be Section 8.03 applied to all Outstanding outstanding Notes and Note Guarantees upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (Elster Group SE)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Supplemental Indenture (Oasis Midstream Partners LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 Section 8.03 be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIthe relevant Sections, as the case may be.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: Indenture (NRG Rema LLC)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any time, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.02 or 12.3 Section 8.03 hereof be applied to all Outstanding any the Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (Foresight Energy LP)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Issuers’ Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.2 or 12.3 8.3 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (TWC Holding Corp.)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 Section 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Senior Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Samples: IHS Holding LTD
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 hereof applied to all Outstanding outstanding Notes of any series upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timemay, at the option of the Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 1 contract
Samples: Article Twelve Satisfaction And (American Seafoods Inc)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may Issuer may, at its option and at any time, at the option of the Board of Directors of the Company time evidenced by a Board Resolution set forth in an Officer’s Certificate, elect to have either Section 12.2 8.2 or 12.3 be 8.3 applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Samples: Indenture (WillScot Corp)
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the Board Boards of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s 's Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIEight.
Appears in 1 contract
Samples: Insight Communications Co Inc
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolutions set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the its option of the Board of Directors of the Company evidenced by a Board Resolution resolution of its board of directors set forth in an Officer’s Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be Section 8.03 applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII.8. CG&R Draft Current date: 06-20-2019 11:20 AM 51390170v5
Appears in 1 contract
Samples: International Game Technology PLC
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers Issuer may at any time, at the option of the its Board of Directors of the Company evidenced by a Board Resolution resolution set forth in an Officer’s Officers’ Certificate, elect to have either Section 12.2 8.02 or 12.3 8.03 hereof be applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XIIVIII.
Appears in 1 contract
Option to Effect Legal Defeasance or Covenant Defeasance. The Issuers may at any timeIssuer may, at the option of the its Board of Directors of the Company evidenced by a Board Resolution set forth in an Officer’s Officers’ Certificate, at any time, elect to have either Section 12.2 8.02 or 12.3 be 8.03 applied to all Outstanding outstanding Notes upon compliance with the conditions set forth below in this Article XII8.
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Samples: Indenture (TUTOR PERINI Corp)