Common use of MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE Clause in Contracts

MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If the terms of any particular series of Debt Securities shall have been established in a Board Resolution of the Company or an Officer's Certificate pursuant to a Board Resolution of the Company as contemplated by Section 3.01, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's Certificate, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's Certificate shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 and 12.06.

Appears in 2 contracts

Sources: Indenture (Devon Financing Trust Ii), Indenture (Devon Energy Corp/De)

MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in or pursuant to an Officer’s Certificate or a Board Resolution of the Company or an Officer's Certificate pursuant to a Board Resolution of the Company as contemplated by Section 3.01, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Officer’s Certificate or a supplemental Board Resolution of the Company or Officer's CertificateResolution, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Officer’s Certificate or supplemental Board Resolution of the Company or Officer's Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Officer’s Certificate or supplemental Board Resolution of the Company or Officer's Certificate shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 Sections 11.04 and 12.0611.06.

Appears in 2 contracts

Sources: Indenture (Cleco Corporate Holdings LLC), Indenture (Puget Energy Inc /Wa)

MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in or pursuant to a Board Resolution of the Company or an Officer's Certificate pursuant to a supplemental indenture or Board Resolution of the Company as contemplated by Section 3.01301, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's Certificate, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's Certificate shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 1204 and 12.061206.

Appears in 1 contract

Sources: Subordinated Indenture (Southwestern Electric Power Co)

MODIFICATION WITHOUT SUPPLEMENTAL INDENTURE. If To the extent, if any, that the terms of any particular series of Debt Securities shall have been established in a Board Resolution of the Company or an Officer's Certificate pursuant to a Board Resolution of the Company or an Officer’s Certificate pursuant to a supplemental indenture or Board Resolution as contemplated by Section 3.013.1, and not in an indenture supplemental hereto, additions to, changes in or the elimination of any of such terms may be effected by means of a supplemental Board Resolution of the Company or Officer's ’s Certificate, as the case may be, delivered to, and accepted by, the Trustee; provided, however, that such supplemental Board Resolution of the Company or Officer's ’s Certificate shall not be accepted by the Trustee or otherwise be effective unless all conditions set forth in this Indenture which would be required to be satisfied if such additions, changes or elimination were contained in a supplemental indenture shall have been appropriately satisfied. Upon the acceptance thereof by the Trustee, any such supplemental Board Resolution of the Company or Officer's ’s Certificate shall be deemed to be a "supplemental indenture" for purposes of Section 12.04 12.4 and 12.0612.6.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Infinity Capital Trust I)