Common use of Applicability of Article Clause in Contracts

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 48 contracts

Sources: Junior Subordinated Indenture (Chase Capital Iii), Indenture (Comerica Inc /New/), Junior Subordinated Indenture (Compass Bancshares Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to in this Indenture as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to in this Indenture as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 46 contracts

Sources: Indenture (United Community Banks Inc), Indenture (Imperial Petroleum Inc./Marshall Islands), Senior Debt Securities Indenture (NewtekOne, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 38 contracts

Sources: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc), Indenture (Atmos Energy Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 31 contracts

Sources: Indenture (Reckson Services Industries Inc), Indenture (Bay View Capital Corp), Indenture (Reckson Associates Realty Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 26 contracts

Sources: Indenture (Ardent Health, Inc.), Indenture (VICI Properties L.P.), Indenture (Avalonbay Communities Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 25 contracts

Sources: Indenture (Cit Group Inc), Indenture (Ace LTD), Indenture (Cit Group Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 24 contracts

Sources: Indenture Agreement (American Medical Systems Europe B.V.), Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 24 contracts

Sources: Junior Subordinated Indenture (Dime Capital Trust Ii), Junior Subordinated Indenture (Bb&t Capital Trust I), Junior Subordinated Indenture (Banponce Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of the Securities of any series a Series if so provided by the terms of such Securities pursuant to Section 2.2 and except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series Series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum other amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 22 contracts

Sources: Indenture (Palantir Technologies Inc.), Indenture (Biohaven Ltd.), Indenture (Redwood Trust Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of the Securities of any series a Series if so provided by the terms of such Securities pursuant to Section 2.2, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series Series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum other amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 19 contracts

Sources: Indenture (Digital Turbine, Inc.), Indenture (Connect Biopharma Holdings LTD), Indenture (Zentalis Pharmaceuticals, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article Twelve. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 19 contracts

Sources: Indenture (Cybin Inc.), Indenture (Cybin Inc.), Indenture (Platinum Group Metals LTD)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 18 contracts

Sources: Indenture (Aramark Services Inc), Indenture (Genesee & Wyoming Inc), Indenture (Intermedia Communications Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 16 contracts

Sources: Indenture (Hunt J B Transport Services Inc), Indenture (Annaly Capital Management Inc), Indenture (KKR Financial Holdings LLC)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 16 contracts

Sources: Indenture (General Electric Co), Indenture (Cleco Power LLC), Indenture (American Italian Pasta Co)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 15 contracts

Sources: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries or as otherwise permitted or required by any form of Security of such series issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 15 contracts

Sources: Indenture (Sabra Health Care REIT, Inc.), Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 13 contracts

Sources: Indenture (Profound Medical Corp.), Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article Twelve. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 13 contracts

Sources: Indenture (Eldorado Gold Corp /Fi), Indenture (Curaleaf Holdings, Inc.), Indenture (Eldorado Gold Corp /Fi)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 11 contracts

Sources: Junior Subordinated Indenture (Pmi Group Inc), Junior Subordinated Indenture (Bankamerica Corp/De/), Junior Subordinated Indenture (Providian Financial Corp)

Applicability of Article. The provisions of this Article Thirteen shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 11 contracts

Sources: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.3(a) for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", MANDATORY SINKING FUND PAYMENT," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". OPTIONAL SINKING FUND PAYMENT." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 11 contracts

Sources: Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc), Indenture (Apartment Investment & Management Co)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 11 contracts

Sources: Indenture (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.), First Supplemental Indenture (Tellurian Inc. /De/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 10 contracts

Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Applicability of Article. The provisions of this Article XII shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 10 contracts

Sources: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 10 contracts

Sources: Indenture (Genesee & Wyoming Inc), Subordinated Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (Calgon Carbon Corporation)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 9 contracts

Sources: Indenture (Ace Ina Holdings Inc), Indenture (Radisys Corp), Indenture (Assured Guaranty US Holdings Inc.)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 3.02 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 9 contracts

Sources: Subordinated Indenture (Lincoln National Corp), Senior Indenture (Lincoln National Corp), Senior Indenture (Knoll Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 9 contracts

Sources: Indenture (Cintas Corp), Indenture (Meridian Bioscience Inc), Indenture (Inmc Mortgage Holdings Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “MANDATORY SINKING FUND PAYMENT,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “OPTIONAL SINKING FUND PAYMENT.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 9 contracts

Sources: Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 9 contracts

Sources: Annual Report, Senior Indenture (National City Corp), Supplemental Indenture (Merrill Lynch & Co Inc)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If Unless otherwise provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms term of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (Wells Fargo Capital Iv), Indenture (Wells Fargo & Co/Mn), Indenture (Wells Fargo & Co/Mn)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (Energy Fuels Inc), Indenture (Energy Fuels Inc), Indenture (Kimber Resources Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction redemption as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (American Heritage Life Investment Corp), Indenture (Ingersoll Rand Co), Senior Debt Securities Indenture (KBHC Financing I)

Applicability of Article. The provisions of this Article 12 shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (Americold Realty Trust), Indenture (Nova Cold Logistics ULC), Indenture (Cousins Properties LP)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series permitted or required by the applicable supplemental indenture except as otherwise specified as contemplated by in accordance with Section 3.1 2.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.24.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (Cboe Global Markets, Inc.), Indenture (Singular Genomics Systems, Inc.), Indenture (Lifevantage Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.2. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Subordinated Indenture (Reinsurance Group of America Inc), Indenture (Metro-Goldwyn-Mayer Inc), Indenture (MGM Grand Inc)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 8 contracts

Sources: Indenture (Pan Pacific Retail Properties Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 7 contracts

Sources: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/), Indenture (CSC Holdings Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 7 contracts

Sources: Subordinated Indenture (Union Bankshares Corp), Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 7 contracts

Sources: Indenture (American Assets Trust, L.P.), Indenture (Suro Capital Corp.), Indenture (Kilroy Realty, L.P.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 7 contracts

Sources: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/), Indenture (Exterran Energy Solutions, L.P.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series Series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.02. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of Securities of such SecuritiesSeries.

Appears in 6 contracts

Sources: Indenture (Usa Education Inc), Indenture (Usa Education Inc), Indenture (U S West Inc /De/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 6 contracts

Sources: Indenture (Oge Energy Capital Trust Ii), Indenture (Og&e Financing I), Indenture (NSP Financing Ii)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of the Securities of any series a Series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series Series is herein referred to as a "mandatory sinking fund payment", “MANDATORY SINKING FUND PAYMENT” and any sinking fund payment in excess of such minimum other amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an "optional sinking fund payment". “OPTIONAL SINKING FUND PAYMENT.” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of the Securities of such SecuritiesSeries.

Appears in 6 contracts

Sources: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 6 contracts

Sources: Trust Indenture (Taseko Mines LTD), Trust Indenture (Northern Dynasty Minerals LTD), Trust Indenture (High Tide Inc.)

Applicability of Article. The provisions of this Article XIII shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.213.2. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 5 contracts

Sources: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 5 contracts

Sources: Subordinated Indenture (Valero Energy Corp/Tx), Indenture (Merrill Lynch Preferred Funding I Lp), Subordinated Indenture (Valero Energy Corp/Tx)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for such Securitiespermitted or required in or pursuant to this Indenture or the related Series Authorization. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 5 contracts

Sources: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC)

Applicability of Article. The provisions of this Article 12 shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 5 contracts

Sources: Indenture (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)

Applicability of Article. (a) The provisions of this Article IV shall be applicable to any sinking fund for the retirement of Securities of any a series permitted or required by the applicable supplemental indenture except as otherwise specified as contemplated by in accordance with Section 3.1 2.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.24.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 5 contracts

Sources: Indenture (LPL Holdings, Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Holdings, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 5 contracts

Sources: Subordinated Indenture (Reliant Energy Inc), Subordinated Indenture (Reliant Energy Inc), Senior Indenture (Reliant Energy Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 202 or Section 301, as the case may be, for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 5 contracts

Sources: Indenture (Polaroid Corp), Indenture (Polaroid Corp), Indenture (Washington Post Co)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 5 contracts

Sources: Junior Subordinated Indenture (Sce&g Trust I), Junior Subordinated Indenture (South Carolina Electric & Gas Co), Junior Subordinated Indenture (Scana Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for permitted or required in or pursuant to this Indenture or any Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 5 contracts

Sources: Indenture (Nymagic Inc), Indenture (Packaging Corp of America), Indenture (Nymagic Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 3.01 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash case amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Sources: Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I), Junior Subordinated Indenture (Resource Capital Trust I)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for such Securitiespermitted or required in or pursuant to this Indenture or the related Series Authorization. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries and this Indenture.

Appears in 4 contracts

Sources: Senior Indenture (Essent Group Ltd.), Senior Indenture (Renaissancere Holdings LTD), Senior Indenture (Renaissancere Holdings LTD)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series having a sinking fund except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.), Indenture (Prospect Capital Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms term of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Sources: Indenture (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (NMI Holdings, Inc.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any cash sinking fund payment may be subject to reduction as provided in Section 12.214.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (TMS Venture Holdings Inc), Indenture (Sunoco Inc), Indenture (Money Store Inc /Nj)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for the Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any the Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such the Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any the Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of the Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp), Indenture (Amerigas Partners Lp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries or as otherwise permitted or required by any form of Security of such series issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (SPSS Inc), Indenture (Gatx Financial Corp), Indenture (Gatx Financial Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21102. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (New Gold Inc. /FI), Trust Indenture (Osisko Gold Royalties LTD), Indenture (Denison Mines Corp.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement (1) Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 for such Securities. Securities of any series) in accordance with this Article. (2) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (VIQ Solutions Inc.)

Applicability of Article. The provisions of this Article 10 shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.03(a) hereof for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “Mandatory Sinking Fund Payment,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “Optional Sinking Fund Payment.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2hereof. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Lifepoint Health, Inc.), Indenture (West Virginia Management Services Organization, Inc.), Indenture (West Virginia Management Services Organization, Inc.)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Sources: Senior Indenture (Reliant Energy Services New Mexico LLC), Senior Indenture (Reliant Energy Inc), Subordinated Indenture (Reliant Energy Services New Mexico LLC)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein hereinafter referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such the Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Dean Illinois Dairies, LLC), Indenture (GameStop Corp.), Indenture (Model Dairy, LLC)

Applicability of Article. The provisions of this ------------------------ Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Airgas Inc), Indenture (Worldcom Inc /Ga/), Indenture (Level 3 Communications Inc)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.02 or Section 3.01, as the case may be, for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (International Business Machines Corp), Indenture (Ibm International Group Capital LLC), Indenture (Ibm International Group Capital LLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Dayton Hudson Corp), Indenture (Fuller H B Co), Indenture (Minnesota Mining & Manufacturing Co)

Applicability of Article. The provisions of this Article article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “Mandatory Sinking Fund Payment,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “Optional Sinking Fund Payment.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Xl Group PLC), Indenture (Xl Group PLC), Indenture (XL Group Ltd.)

Applicability of Article. The provisions If so provided as contemplated by Section 3.01 hereof for Securities of this Article shall be applicable to any sinking fund for the retirement series, retirements of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securitiespursuant to any sinking fund shall be made in accordance with their terms and in accordance with this Article 5. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.25.02 hereof. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Subordinated Indenture (U S Home Corp /De/), Senior Indenture (U S Home Corp /De/), Senior Indenture (U S Home Corp /De/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Sources: Junior Subordinated Indenture (Hartford Capital Iv /De/), Junior Subordinated Indenture (Nevada Power Co), Junior Subordinated Indenture (Nevada Power Co)

Applicability of Article. The provisions of this Article 10 shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 2.03(a) hereof for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.02 hereof. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (NCS of Illinois Inc), Indenture (Ail Technologies Inc), Indenture (Ail Technologies Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Sources: Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 3.01 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash case amount of any sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption (or purchase by tender or otherwise) of Securities of any series as provided for by the terms of such Securities.

Appears in 4 contracts

Sources: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Usb Holding Co Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 3.01 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Exhibit (Eaton Corp PLC), Exhibit (Cooper Wiring Devices, Inc.), Execution Version (Eaton Corp PLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement Retirements of Securities of any series pursuant to any sinking fund shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 3.1 301 for such SecuritiesSecurities of any series) in accordance with this Article. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to in this Indenture as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to in this Indenture as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 4 contracts

Sources: Indenture (Independent Bank Corp), Indenture (Valley National Bancorp), Indenture (Valley National Bancorp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 202 or Section 301, as the case may be, for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21302. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (International Business Machines Corp), Indenture (Ibm Credit LLC), Indenture (Ibm Credit LLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated permitted or required by Section 3.1 for any form of Security of such Securitiesseries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any such series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of the Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Comdisco Inc), Indenture (Comdisco Inc), Indenture (Comdisco Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such SecuritiesSeries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series Series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series Series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSeries, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of Securities of such SecuritiesSeries.

Appears in 3 contracts

Sources: Indenture Agreement (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 3.01 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of Debt Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 301 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the -66- terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 3 contracts

Sources: Indenture (Noram Energy Corp/), Indenture (Noram Energy Corp/), Indenture (Noram Energy Corp/)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund paymentMANDATORY SINKING FUND PAYMENT", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund paymentOPTIONAL SINKING FUND PAYMENT". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series except as otherwise specified as contemplated by Section 3.1 for such Securities. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund paymentMANDATORY SINKING FUND PAYMENT", and any sinking fund payment in excess of such minimum amount which that is permitted to be made by the terms of such Securities of any series is herein referred to as an "optional sinking fund paymentOPTIONAL SINKING FUND PAYMENT". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 3 contracts

Sources: Junior Subordinated Indenture (Zions Institutional Capital Trust A), Junior Subordinated Indenture (Southern States Capital Trust I), Securities Purchase Agreement (DPL Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", Mandatory Sinking Fund Payment," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". Optional Sinking Fund Payment." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction redemption as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Subordinated Debt Indenture (Adelphia Communications Corp), Senior Debt Indenture (Insight Communications Co Inc), Senior Debt Indenture (Adelphia Communications Corp)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc)

Applicability of Article. The provisions of this Article Twelve shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group (U.S.) Inc.), Indenture (Arch Capital Group Ltd.)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series to the extent provided by the terms of such Securities pursuant to Section 3.1, and except as otherwise specified as contemplated permitted or required by Section 3.1 for the form of Security of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". .” If provided for by the terms of any Securities of any seriesSecurities, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.211.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of such Securities.

Appears in 3 contracts

Sources: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a series, except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", MANDATORY SINKING FUND PAYMENT," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". OPTIONAL SINKING FUND PAYMENT." If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Starwood Lodging Trust), Indenture (Starwood Lodging Corp), Indenture (Pioneer Standard Electronics Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any series a Series, except as otherwise specified as contemplated otherwise, permitted or required by Section 3.1 for any form of Security of such SecuritiesSeries issued pursuant to this Indenture. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series Series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series such Series is herein referred to as an in "optional sinking fund payment". If provided for by the terms of any Securities of any seriesSeries, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.210.02. Each sinking fund payment shall be applied to the redemption of Securities of any series Series as provided for by the terms of Securities of such SecuritiesSeries.

Appears in 3 contracts

Sources: Indenture (Bellsouth Corp), Indenture (Bellsouth Corp), Indenture (Bellsouth Corp)

Applicability of Article. (a) The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series permitted by the applicable supplemental indenture except as otherwise specified as contemplated by in accordance with Section 3.1 2.1 for Securities of such Securities. series. (b) The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.24.2. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Affiliated Managers Group, Inc.), Indenture (Affiliated Managers Group Inc), Indenture (Genzyme Corp)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.213.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)

Applicability of Article. The provisions of this Article shall be applicable to any sinking fund for the retirement of Debt Securities of any a series except as otherwise specified as contemplated by pursuant to Section 3.1 301 for Debt Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Debt Securities of any series is herein referred to as a "mandatory sinking fund payment", and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Debt Securities of any series is herein referred to as an "optional sinking fund payment". If provided for by the terms of any Debt Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any series as provided for by the terms of such Debt Securities.

Appears in 3 contracts

Sources: Senior Indenture (Nortel Networks Corp), Senior Indenture (Nortel Networks Corp), Indenture (Nortel Networks Capital Corp)

Applicability of Article. The provisions of this Article article shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", “Mandatory Sinking Fund Payment,” and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". “Optional Sinking Fund Payment.” If provided for by the terms of any Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.212.02. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Global Indemnity Group, Inc.), Indenture (Global Indemnity Group, Inc.), Indenture (Xl Group PLC)

Applicability of Article. The provisions of this Article ------------------------ shall be applicable to any sinking fund for the retirement of Securities of any a series except as otherwise specified as contemplated by Section 3.1 301 for Securities of such Securitiesseries. The minimum amount of any sinking fund payment provided for by the terms of any Securities of any series is herein referred to as a "mandatory sinking fund payment", ," and any sinking fund payment in excess of such minimum amount which is permitted to be made provided for by the terms of such Securities of any series is herein referred to as an "optional sinking fund payment". ." If provided for by the terms of any Securities of any series, the cash amount of any mandatory sinking fund payment may be subject to reduction as provided in Section 12.21202. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such Securitiesseries.

Appears in 3 contracts

Sources: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Bradley Operating L P), Indenture (Trinet Corporate Realty Trust Inc)