Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3.1, provision is made for either or both of (a) Defeasance of the Securities of a series under Section 13.2 or (b) Covenant Defeasance of the Securities of a series under Section 13.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIII, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII.
Appears in 50 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Abacus Life, Inc.)
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, Unless pursuant to Section 3.1, 2.01 provision is made for the inapplicability of either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 13.02 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIThirteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 13.02 (if applicableunless inapplicable) or Section 13.3 13.03 (if applicableunless inapplicable) be applied to the Outstanding Securities of such series upon compliance with the applicable conditions set forth below in this Article XIIIThirteen.
Appears in 14 contracts
Samples: Indenture (Aon PLC), Indenture (Aon PLC), Indenture (Aon Corp)
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, Unless pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.3 to not be applicable with respect to the Securities of such series, then the provisions of such Section or Sections, as the case may beSections 13.2 and 13.3, together with the other provisions of this Article XIII, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII.
Appears in 10 contracts
Samples: Exela Technologies (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.), Indenture (Charah Solutions, Inc.)
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Section 3.1301, provision is made for either or both of (a) Defeasance defeasance of the Securities of or within a series under Section 13.2 1402 or (b) Covenant Defeasance covenant defeasance of the Securities of or within a series under Section 13.31403 to be applicable to the Securities of any series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIII(with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to the Securities of such seriesSecurities, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such seriesSecurities, elect to have either defease such Outstanding Securities pursuant to Section 13.2 1402 (if applicable) or Section 13.3 1403 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIArticle.
Appears in 8 contracts
Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, pursuant to Unless as otherwise specified as contemplated by Section 3.13.01 for Securities of such series, provision is made for the inapplicability of, in whole or in part, or any modification to, either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 13.02 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIArticle, shall be applicable to the Securities of such series, series and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, series elect to have either Section 13.2 13.02 (if applicableunless inapplicable) or Section 13.3 13.03 (if applicableunless inapplicable) be applied to the Outstanding Securities of such series upon compliance with the applicable conditions set forth below in this Article XIIIArticle.
Appears in 7 contracts
Samples: Indenture (Interline Brands, Inc./De), Emmis Television License Corp of Topeka, Emmis Television License Corp of Topeka
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.01 provision is made for either or both of (a) Defeasance defeasance of the Securities of or within a series under Section 13.2 14.02 or (b) Covenant Defeasance covenant defeasance of the Securities of or within a series under Section 13.314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIXIV (with such modifications thereto as may be specified pursuant to Section 3.01 with respect to any Securities), shall be applicable to the Securities of such seriesSecurities, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such seriesSecurities, elect to have either Section 13.2 14.02 (if applicable) or Section 13.3 14.03 (if applicable) be applied to the such Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIXIV.
Appears in 7 contracts
Samples: Apollo Debt Solutions BDC, HPS Corporate Lending Fund, CION Investment Corp
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.01 provision is made for either or both of (a) Defeasance defeasance of the Securities of or within a series under Section 13.2 14.02 or (b) Covenant Defeasance covenant defeasance of the Securities of or within a series under Section 13.314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIII(with such modifications thereto as may be specified pursuant to Section 3.01 with respect to any Securities), shall be applicable to the Securities of such seriesSecurities, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such seriesSecurities, elect to have either Section 13.2 14.02 (if applicable) or Section 13.3 14.03 (if applicable) be applied to the such Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIArticle.
Appears in 7 contracts
Samples: Sixth Street Specialty Lending, Inc., Indenture (TCP Capital Corp.), TCP Capital Corp.
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, Unless pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 not to be applicable with respect to the Securities of such series or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.3 not to be applicable with respect to the Securities of such series, then the provisions of such Section or Sections, as the case may be, Sections together with the other provisions of this Article XIII, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII.
Appears in 5 contracts
Samples: Indenture (GT Advanced Technologies Inc.), Hanover Insurance Group, Inc., Indenture (Hanover Insurance Group, Inc.)
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIThirteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIThirteen.
Appears in 5 contracts
Samples: Indenture (Abbott Laboratories), Indenture (Abbott Laboratories), Indenture (Abbott Laboratories)
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.01 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 14.02 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIXIV, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1, at any time, time with respect to the Securities of such series, elect to have either Section 13.2 14.02 (if applicable) or Section 13.3 14.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIXIV.
Appears in 4 contracts
Samples: Indenture (Midamerican Energy Co), D & K Healthcare Resources Inc, D & K Healthcare Resources Inc
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, Unless pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.3 to not be applicable with respect to the Securities of such series, then the provisions of such Section or Sections, as the case may be, Sections together with the other provisions of this Article XIIIThirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIThirteen.
Appears in 3 contracts
Samples: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Atlas Air Worldwide Holdings Inc
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIThirteen, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIThirteen.
Appears in 3 contracts
Samples: Citizens Utilities Capital L P, Citizens Utilities Capital L P, Citizens Utilities Capital L P
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.01 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 14.02 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.314.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIARTICLE XIV, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1, at any time, time with respect to the Securities of such series, elect to have either Section 13.2 14.02 (if applicable) or Section 13.3 14.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIARTICLE XIV.
Appears in 3 contracts
Samples: D & K Healthcare Resources Inc, D & K Healthcare Resources Inc, D & K Healthcare Resources Inc
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIII, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII.
Appears in 3 contracts
Samples: Indenture (Alberto-Culver CO), Alberto-Culver CO, Nalco Energy Services Equatorial Guinea LLC
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, Unless pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 to not be applicable with respect to the Securities of such series or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.3 not to be applicable with respect to the Securities of such series, then the provisions of such Section or Sections, as the case may be, Sections together with the other provisions of this Article XIII, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII.
Appears in 2 contracts
Samples: Indenture (Wright Medical Group N.V.), Atlas Air Worldwide Holdings Inc
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.1 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 14.2 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.314.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIThirteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 14.2 (if applicable) or Section 13.3 14.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIThirteen.
Appears in 2 contracts
Samples: Indenture (ONE Gas, Inc.), Indenture (ONE Gas, Inc.)
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 3.01 provision is made for either or both of (a1) Defeasance defeasance of the Securities of a series under Section 13.2 13.02 or (b2) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.03, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIArticle, shall be applicable to the Securities of such series, and the Company may at its option by or pursuant to a Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 13.02 (if applicable) or Section 13.3 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIArticle.
Appears in 1 contract
Samples: Contifinancial Corp
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. IfUnless, pursuant to Section 3.13.01, provision is made for that either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 13.02 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.313.03 shall not apply to the Securities of a series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIII13, with such modifications thereto as may be specified pursuant to Section 3.01 with respect to any Securities, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 13.02 (if applicable) or Section 13.3 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII13.
Appears in 1 contract
Samples: Syngenta Finance N.V.
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. IfUnless, pursuant to Section 3.1Section 3.01, provision is made for that either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 Section 13.02 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.3Section 13.03 shall not apply to the Securities of a series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIArticle 13, with such modifications thereto as may be specified pursuant to Section 3.01 with respect to any Securities, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 Section 13.02 (if applicable) or Section 13.3 Section 13.03 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIArticle 13.
Appears in 1 contract
Samples: Syngenta Ag
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If, If pursuant to Section 3.1, 301 provision is made for either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 1302 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.31303, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIThirteen, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 1302 (if applicable) or Section 13.3 1303 (if 67 applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIThirteen.
Appears in 1 contract
Samples: MSD Netherlands Capital B.V.
Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. IfUnless, pursuant to Section 3.1301, provision is made for that either or both of (a) Defeasance defeasance of the Securities of a series under Section 13.2 1302 or (b) Covenant Defeasance covenant defeasance of the Securities of a series under Section 13.31303 shall not apply to the Securities of a series, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIIIThirteen, with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1Resolution, at any time, with respect to the Securities of such series, elect to have either Section 13.2 1302 (if applicable) or Section 13.3 1303 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIIIThirteen.
Appears in 1 contract
Samples: Monsanto Finance Canada Co.