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

Option to Effect Legal Defeasance or Covenant Defeasance. Unless Section 8.03 or 8.04 is otherwise specified to be inapplicable to Securities of a series, 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 8.03 or 8.04 hereof be applied to all outstanding Securities of any such series upon compliance with the conditions set forth below in this Article 8.

Appears in 11 contracts

Samples: Indenture (Marinemax Inc), Indenture (Synaptics Inc), Indenture (TherapeuticsMD, Inc.)

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Option to Effect Legal Defeasance or Covenant Defeasance. Unless Except as otherwise provided with respect to such series pursuant to Section 8.03 or 8.04 is otherwise specified to be inapplicable to Securities of a series2.03, the Company mayCompany, at the Company’s option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, and at any time, may elect to have either Section 8.03 8.06 or 8.04 hereof be Section 8.07 of this Indenture applied to all of the then outstanding Securities of any such series upon compliance with the conditions set forth below in this Article 8.

Appears in 8 contracts

Samples: Indenture (Coach Inc), Tapestry, Inc., Tapestry, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. Unless Section 8.03 or 8.04 is otherwise specified to be inapplicable to Securities of a series, the Company Issuer 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 8.03 or 8.04 hereof be applied to all outstanding Securities of any such series upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 4 contracts

Samples: Indenture (Meritage Homes of Texas Holding, Inc.), Indenture (Mobile Mini Inc), Indenture (Meritage Homes CORP)

Option to Effect Legal Defeasance or Covenant Defeasance. Unless Section 8.03 or 8.04 is otherwise specified to be inapplicable to Securities of a series, 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 8.03 or 8.04 hereof be applied to all outstanding Securities of any such series upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 4 contracts

Samples: Indenture (Marinemax Inc), Indenture (Roadrunner Transportation Systems, Inc.), Indenture (TTM Technologies Inc)

Option to Effect Legal Defeasance or Covenant Defeasance. Unless Section 8.03 or 8.04 is otherwise specified to be inapplicable to Securities of a series, 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 8.03 or 8.04 hereof be applied to all outstanding Securities of any such series upon compliance with the conditions set forth below in this Article 8Eight.

Appears in 3 contracts

Samples: Indenture (Entercom Communications Corp), Entercom Radio LLC, Meritage Corp

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Option to Effect Legal Defeasance or Covenant Defeasance. Unless Section 8.03 or 8.04 is otherwise specified to be inapplicable to Securities of a series, 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 8.03 or 8.04 hereof be applied to all outstanding Securities of any such series upon compliance with the conditions set forth below in this Article 8.

Appears in 2 contracts

Samples: Indenture (Surgalign Holdings, Inc.), RTI Surgical Holdings, Inc.

Option to Effect Legal Defeasance or Covenant Defeasance. Unless Except as otherwise provided with respect to such series pursuant to Section 8.03 or 8.04 is otherwise specified to be inapplicable to Securities of a series2.03, the Company mayCompany, at the Company’s option of its Board of Directors evidenced by a resolution set forth in an Officers’ Certificate, and at any time, may elect to have either Section 8.02 or Section 8.03 or 8.04 hereof be of this Indenture applied to all outstanding Outstanding Securities of any such series upon compliance with the conditions set forth below in this Article 8.

Appears in 1 contract

Samples: Trinity Industries Inc

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