Common use of Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance Clause in Contracts

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities, and the Company may at its option by Board Resolution, at any time, with respect to such Securities, elect to have Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article.

Appears in 3 contracts

Samples: FedNat Holding Co, FEDNAT HOLDING Co, FEDNAT HOLDING Co

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Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities, and the Company may at its option by Board Resolution, at any time, with respect to such Securities, elect to have either Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this Article.

Appears in 2 contracts

Samples: Indenture (CM Finance Inc), Indenture (FIDUS INVESTMENT Corp)

Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If pursuant to Section 301 provision is made for either or both of (a) defeasance of the Securities of or within a series under Section 1402 1402, or (b) covenant defeasance of the Securities of or within a series under Section 1403, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article Fourteen (with such modifications thereto as may be specified pursuant to Section 301 with respect to any Securities), shall be applicable to such Securities, and the Company may at its option by Board Resolution, at any time, with respect to such Securities, elect to have either Section 1402 (if applicable) or Section 1403 (if applicable) be applied to such Outstanding Securities upon compliance with the conditions set forth below in this ArticleArticle Fourteen.

Appears in 2 contracts

Samples: Indenture (Suro Capital Corp.), Indenture (GSV Capital Corp.)

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Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance. If Unless otherwise provided for pursuant to Section 301 provision is made for either or both of 3.01 (a) defeasance of the Securities of or within a any series under Section 1402 or 14.02 and (b) covenant defeasance of the Securities of or within a any series under Section 1403, then the provisions of such Section or Sections, as the case may be14.03, together with the other provisions of this Article (with such modifications thereto as may be specified pursuant to Section 301 3.01 with respect to any Securities), shall be applicable to such SecuritiesSecurities and any coupons appertaining thereto, and the Company may at its option by Board Resolution, at any time, with respect to such SecuritiesSecurities and any coupons appertaining thereto, elect to have Section 1402 14.02 (if applicable) or Section 1403 14.03 (if applicable) be applied to such Outstanding Securities and any coupons appertaining thereto upon compliance with the conditions set forth below in this Article.

Appears in 1 contract

Samples: Indenture (Sea Containers LTD /Ny/)

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