Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 8 contracts
Sources: Tenth Supplemental Indenture (Cco Holdings LLC), Eighth Supplemental Indenture (Cco Holdings LLC), Seventh Supplemental Indenture (Cco Holdings LLC)
Effect of Notice of Redemption. Once Subject to the following four sentences, once notice of redemption is transmitted sent in accordance with Section 3.035.3, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any redemption or and written notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, precedent (including, but not limited toin the case of a redemption related to an Equity Offering, completion the consummation of the related transaction or eventsuch Equity Offering). Any such Written notice of redemption may will be partial provided as a result of only some of the conditions being satisfiedset forth under Section 5.3. If In addition, if such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such written notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the written notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such written notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such written notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. In addition, the Issuers Issuer may provide in such written notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Personperson.
Appears in 7 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed or published as provided in accordance with Section 3.033.3, Notes Securities of a Series called for redemption become irrevocably due and payable on the redemption date and at the redemption price; provided that , subject to, with respect to any redemption or notice that is conditioned upon the satisfaction of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion (i) the delay of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all of such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not precedent have been satisfied (or waived by the Issuers Company in their its sole discretion) or (ii) the revocation of such redemption if the Company determines that such conditions precedent will not be satisfied (or waived by the Company in its sole discretion). Upon surrender to the Paying Agent, such Securities shall be paid at the redemption price plus accrued interest to, but excluding, the redemption date, ; provided that installments of interest whose Stated Maturity is on or by prior to the redemption date so delayedshall be payable to the Holders of such Securities (or one or more predecessor Securities) registered at the close of business on the relevant record date therefor according to their terms and the terms of this Indenture. In additionUnless otherwise indicated for a particular Series by Board Resolution, a supplemental indenture hereto or an Officers’ Certificate, nothing in this Indenture shall otherwise prohibit or prevent, the Issuers Company or its Affiliates from, at any time, and from time to time, acquiring any Series of Securities, whether through open market or privately negotiated transactions with third parties or pursuant to one or more tender or exchange offers or otherwise, upon such terms and at such prices as well as with such consideration as the Company or any such affiliates may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Persondetermine.
Appears in 7 contracts
Sources: Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offeringequity offering, other offering, issuance of Indebtednessindebtedness, a Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 30 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 7 contracts
Sources: Supplemental Indenture (Cco Holdings LLC), Supplemental Indenture (Cco Holdings LLC), Twentieth Supplemental Indenture (Cco Holdings LLC)
Effect of Notice of Redemption. Once Subject to the following four sentences, once notice of redemption is transmitted sent in accordance with Section 3.035.3, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any redemption or and written notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, precedent (including, but not limited toin the case of a redemption related to a financing transaction, completion the consummation of the related transaction or eventsuch financing transaction). Any such Written notice of redemption may will be partial provided as a result of only some of the conditions being satisfiedset forth under Section 5.3. If In addition, if such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such written notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the written notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such written notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such written notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. In addition, the Issuers Issuer may provide in such written notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Personperson.
Appears in 6 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance an incurrence of Indebtedness, a Change of Control or other transaction or eventtransaction) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption transaction, and may include multiple amounts of Notes that may be partial as a result of only some of redeemed and the conditions being satisfiedprecedent applicable to such amounts. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 5 contracts
Sources: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes in connection with a corporate transaction (including an Equity Offering (in the case of redemption pursuant to Section 5.7(b) hereof), an incurrence of Indebtedness or a Change of Control (in the case of purchase pursuant to Section 3.9 hereof)) may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) thereof and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 5 contracts
Sources: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any redemption or and notice of any redemption (other than in connection with a defeasance or satisfaction and discharge of this Indenture) may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Company’s discretion, be subject to the satisfaction of one or more conditions precedentprecedent (including the consummation of a debt financing, including, but not limited to, completion of the related transaction Qualified Equity Offering or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedother corporate transaction). If such redemption or notice is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition and, if applicable, shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all of such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all of such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, date or by the redemption date as so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another PersonPerson designated by the Company in such notice; provided that any such payment or performance occurs in accordance with this Indenture and no such designation shall relieve the Company from making such payment or performing such obligations if such other Person so designated shall fail to do the same in accordance with this Indenture. The notice, if sent in a manner herein provided, shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Note designated for redemption in whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. Subject to Section 3.05, on and after the redemption date, interest ceases to accrue on Notes or portions of Notes called for redemption.
Appears in 5 contracts
Sources: Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD), Indenture (Concordia International Corp.)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related an Equity Offering, other offering, issuance of Indebtedness, or other transaction or event. Any such event and notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied. If ; provided, however, that any such conditions precedent shall be set forth in the notice of redemption or notice is subject to satisfaction of one or more conditions precedent, and that such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 5 contracts
Sources: Fifth Supplemental Indenture (Cco Holdings LLC), Fourth Supplemental Indenture (Cco Holdings LLC), Third Supplemental Indenture (Cco Holdings LLC)
Effect of Notice of Redemption. Once Except as provided for herein, once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes in connection with a corporate transaction (including an Equity Offering, an incurrence of Indebtedness or a Change of Control) may, at the Issuers’ Company’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) thereof and any redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) redemption may, in at the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another Person.
Appears in 4 contracts
Sources: Indenture (IAA Spinco Inc.), Indenture (KAR Auction Services, Inc.), Indenture (Avis Budget Group, Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted given in accordance with Section 3.033.03 hereof, Notes called for redemption without a condition become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes (including upon an Equity Offering) may, at the Issuers’ Main Issuer’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Main Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related transaction or event, as the case may be. Any such redemption may be partial as a result of only some of the conditions being satisfied. If In addition, if such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Main Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Main Issuer’s discretion if in the good faith judgment of the Main Issuer any or all of such conditions will not be satisfied. In addition, the Issuers Main Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Main Issuer’s obligations with respect to such redemption may be performed by another Person. No Notes of $2,000 or less can be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption that relates to that Note will state the portion of the principal amount of that Note that is to be redeemed. A new Note in principal amount equal to the unredeemed portion of the original Note will be issued in the name of the Holder upon cancellation of the original Note. Notes called for redemption without a condition precedent will become due on the date fixed for redemption. On and after the redemption date, interest will cease to accrue on Note or portions of them called for redemption, unless the Issuers default in making such redemption payment.
Appears in 3 contracts
Sources: First Supplemental Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related an Equity Offering, other offering, issuance of Indebtedness, or other corporate transaction or event. Any such event and notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied. If ; provided, however, that any such conditions precedent shall be set forth in the notice of redemption or notice is subject to satisfaction of one or more conditions precedent, and that such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 3 contracts
Sources: Fourth Supplemental Indenture (Charter Communications, Inc. /Mo/), Third Supplemental Indenture (Charter Communications, Inc. /Mo/), Fifth Supplemental Indenture (Charter Communications, Inc. /Mo/)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related an equity offering, other offering, issuance of indebtedness, or other corporate transaction or event. Any such event and notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied. If ; provided, however, that any such conditions precedent shall be set forth in the notice of redemption or notice is subject to satisfaction of one or more conditions precedent, and that such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 3 contracts
Sources: Supplemental Indenture (Cco Holdings Capital Corp), Twelfth Supplemental Indenture (Cco Holdings LLC), Tenth Supplemental Indenture (Cco Holdings LLC)
Effect of Notice of Redemption. Once Subject to the following four sentences, once notice of redemption is transmitted sent in accordance with Section 3.035.3, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any redemption or and written notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, precedent (including, but not limited toin the case of a redemption related to a financing transaction, completion the consummation of the related transaction or eventsuch financing transaction). Any such Written notice of redemption may will be partial provided as a result of only some of the conditions being satisfiedset forth under Section 5.3. If In addition, if such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such written notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the written notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)waived, or such redemption or purchase may not occur and such written notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such written notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied or waived. In addition, the Issuers Issuer may provide in such written notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Personperson.
Appears in 3 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable (subject to the next succeeding sentence) on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes may, at the Issuers’ Company’s discretion, be given prior to the completion of a corporate transaction or event (including an Equity Offering, other offering, issuance an incurrence of Indebtedness, an acquisition or financing transaction or a Change of Control or other transaction or eventControl) and any such redemption or redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the a related transaction (including an Equity Offering, an incurrence of Indebtedness, an acquisition or event. Any such redemption may be partial as financing transaction or a result Change of only some of the conditions being satisfiedControl). If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another Person.
Appears in 3 contracts
Sources: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related an equity offering, other offering, Incurrence of Indebtedness for Borrowed Money, or other corporate transaction or event. Any such event and notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied. If ; provided, however, that any such conditions precedent shall be set forth in the notice of redemption or notice is subject to satisfaction of one or more conditions precedent, and that such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 3 contracts
Sources: Seventh Supplemental Indenture (Cco Holdings LLC), Sixth Supplemental Indenture (Cco Holdings LLC), Fifth Supplemental Indenture (Cco Holdings Capital Corp)
Effect of Notice of Redemption. Once Except as provided for herein, once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes in connection with a corporate transaction (including an Equity Offering, an incurrence of Indebtedness or a Change of Control) may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) thereof and any redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) redemption may, in at the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 3 contracts
Sources: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offeringequity offering, other offering, issuance of Indebtednessindebtedness, a Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 3 contracts
Sources: Supplemental Indenture (Cco Holdings LLC), Supplemental Indenture (Cco Holdings LLC), Supplemental Indenture (Cco Holdings LLC)
Effect of Notice of Redemption. Once notice of redemption is transmitted given in accordance with Section 3.033.03 hereof, Notes called for redemption without a condition become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes (including upon an Equity Offering) may, at the Issuers’ discretion, be given prior to the completion of a transaction or event specified in this Indenture (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or eventSection 3.07) and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related transaction or event, as the case may be. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the The Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. If a redemption or purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuers’ discretion if in the good faith judgment of the Issuers any or all of such conditions will not be satisfied.
Appears in 3 contracts
Sources: Indenture (Cloud Peak Energy Inc.), Indenture (Sequatchie Valley Coal Corp), Indenture (Antelope Coal LLC)
Effect of Notice of Redemption. Once notice of redemption is transmitted given in accordance with Section 3.033.03 hereof, Notes called for redemption without a condition become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any optional redemption of the Notes may, at the Issuers’ discretion, be given prior to the completion of a transaction or event specified in this Indenture (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or eventSection 3.07) and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related transaction or event, as the case may be. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the The Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. If an optional redemption or purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuers’ discretion if in the good faith judgment of the Issuers any or all of such conditions will not be satisfied. The Issuer will provide the Trustee with notice of the satisfaction or waiver of such conditions, the delay of such redemption or the rescission of such notice of redemption in the same manner that the related notice of redemption was given to the Trustee, and the Trustee will send a copy of such notice to the Holders in the same manner that the related notice of redemption was given to such Holders.
Appears in 2 contracts
Sources: Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co LLC)
Effect of Notice of Redemption. Once Except as provided for herein, once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes in connection with a corporate transaction (including, without limitation, an Equity Offering, an incurrence of Indebtedness or a Change of Control) may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a transaction or event (including an Equity Offeringthereof, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) redemption may, in at the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Sources: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)
Effect of Notice of Redemption. Once a notice of redemption is transmitted mailed in accordance with Section 3.03, subject to the satisfaction (or waiver) of any conditions precedent, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any such redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, including the occurrence of a Change of Control. In addition, if any such redemption is subject to the satisfaction of one or more conditions precedent, the notice of redemption shall describe each such condition and, if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Issuer in their its sole discretion), or and/or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers Issuer in their its sole discretion) by the redemption date, or by the redemption date as so delayed, and/or that such notice may be rescinded at any time by the Issuer if the Issuer determines in its sole discretion that any or all of such conditions will not be satisfied (or waived). In addition, the Issuers Issuer may provide in such redemption notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Sources: Indenture (Taylor Morrison Home Corp), Indenture (Taylor Morrison Home Corp)
Effect of Notice of Redemption. Once Except as provided in this Section 3.04, once a notice of redemption is transmitted delivered in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Notices of redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, may be subject to one or more conditions precedent, including, but not limited to, including completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedan Equity Offering. If such a redemption or notice is subject to satisfaction of one or more conditions precedent, such a notice shall state thatof redemption may state, in the Issuers’ Company’s discretion, that the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)are met, or such redemption may not occur and such redemption notice may be rescinded in the event that any or all of such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption datedate as stated in such redemption notice, or by the redemption date as so delayed. In additionThe Company will provide prompt written notice to the Trustee no later than 11:00 a.m. New York City time on the date fixed for redemption rescinding or extending such redemption in the event that any such condition precedent shall not have occurred, and such redemption and notice of redemption shall be rescinded and of no force or effect, or extended, as applicable. Upon receipt of such notice from the Company rescinding or extending such redemption, the Issuers may provide in Trustee will promptly deliver a copy of such notice that payment to the Holders of the Notes to be redeemed in the same manner in which the notice of redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Personwas given.
Appears in 2 contracts
Sources: Indenture (Vector Group LTD), Indenture (Vector Group LTD)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03delivered, Notes called for redemption cease to accrue interest, and become irrevocably due and payable payable, on the redemption date and at the redemption priceprice stated in the notice; provided provided, however, that any redemption or notice given in respect of any the redemption referred to in Section 5 of the Notes may, at the Issuers’ discretion, be given prior subject to the completion satisfaction of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed; provided that in no case shall the notice have been delivered less than 10 days or more than 60 days prior to the date on which such redemption (if any) occurs. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.. Upon surrender to the Paying Agent, the Notes shall be paid at the redemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date; provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Notes registered on the relevant record date. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
Appears in 2 contracts
Sources: Indenture (Ferroglobe PLC), Indenture (Ferroglobe PLC)
Effect of Notice of Redemption. (a) Once notice of redemption is transmitted delivered, subject to the satisfaction of any conditions specified in accordance with the applicable notice of redemption pursuant to paragraph (b) of this Section 3.033.04, Notes Securities called for redemption become irrevocably due and payable on the redemption date and at the redemption price; provided price stated in the notice. Upon surrender to the Paying Agent, such Securities shall be paid at the redemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on an Interest Payment Date that is on or prior to the date of redemption). Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
(b) Any such redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) Company’s option and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent. In addition, including, but not limited to, completion of the related transaction or event. Any if such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another PersonPerson (it being understood that any such provision for payment by another Person will not relieve the Company and the Subsidiary Guarantors from their obligations with respect to such redemption).
Appears in 2 contracts
Sources: Indenture (PJC Manchester Realty LLC), Indenture Agreement (PJC Manchester Realty LLC)
Effect of Notice of Redemption. Once Except as provided in this Section 3.04, once a notice of redemption is transmitted delivered in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Notices of redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, may be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedan Equity Offering. If such a redemption or notice is subject to satisfaction of one or more conditions precedent, such a notice shall state thatof redemption may state, in the Issuers’ Company’s discretion, that the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)are met, or such redemption may not occur and such redemption notice may be rescinded in the event that any or all of such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption datedate as stated in such redemption notice, or by the redemption date as so delayed. In additionThe Company will provide prompt written notice to the Trustee no later than 11:00 a.m. New York City time on the date fixed for redemption rescinding or extending such redemption in the event that any such condition precedent shall not have occurred, and such redemption and notice of redemption shall be rescinded and of no force or effect, or extended, as applicable. Upon receipt of such notice from the Company rescinding or extending such redemption, the Issuers may provide in Trustee will promptly deliver a copy of such notice that payment to the Holders of the Notes to be redeemed in the same manner in which the notice of redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Personwas given.
Appears in 2 contracts
Sources: Indenture (Vector Group LTD), Indenture (Vector Group LTD)
Effect of Notice of Redemption. Once Subject to the next paragraph, once notice of redemption is transmitted delivered in accordance with Section 3.033.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the applicable redemption price; provided that any . Any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related a financing or other transaction or event. Any In addition, if such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition and, if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In additionThe Issuers shall provide written notice of the satisfaction or waiver of such conditions, the Issuers may provide in delay of such redemption date or the rescission of such notice that payment of redemption to the Trustee no later than the redemption date, and upon receipt the Trustee shall provide such notice to each Holder of the Notes in the same manner in which the notice of redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Personwas given.
Appears in 2 contracts
Sources: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted delivered in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided , unless the redemption is subject to a condition precedent that any redemption is not satisfied or notice waived. Notice of any redemption of the Notes (including upon an Equity Offering) may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related transaction or event, as the case may be. Any such redemption may be partial as a result of only some of the conditions being satisfied. If In addition, if such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuers’ discretion if in the good faith judgment of the Issuers any or all of such conditions will not be satisfied. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. The notice of redemption, if sent or mailed in the manner herein provided, shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Note designated for redemption in whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.
Appears in 2 contracts
Sources: Indenture (CVR Energy Inc), Indenture (CVR Partners, Lp)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance an incurrence of Indebtedness, a Change of Control or other transaction or eventtransaction) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Sources: Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that price subject to satisfaction of any redemption or notice conditions precedent specified therein. Notice of any redemption of the Notes in connection with a corporate transaction (including an equity offering, an incurrence of indebtedness or a Change of Control (in the case of purchase pursuant to Section 3.04 hereof)) may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) thereof and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Sources: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted delivered in accordance with Section 3.033.03 or Section 3.08 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided , unless the redemption is subject to a condition precedent that any redemption is not satisfied or notice waived. Notice of any redemption of the Notes may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related transaction or event, as the case may be. Any such redemption may be partial as a result of only some of the conditions being satisfied. If In addition, if such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person. The notice of redemption, if sent or mailed in the manner herein provided, shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Note designated for redemption in whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.
Appears in 2 contracts
Sources: Indenture (Better Home & Finance Holding Co), Exchange Agreement (Better Home & Finance Holding Co)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed in accordance with Section 3.033.03 hereof and, subject to satisfaction of the conditions specified therein, if any, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes may, at the Issuers’ Company’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance an incurrence of Indebtedness, a Change of Control or other transaction or eventtransaction) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the a related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Sources: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc)
Effect of Notice of Redemption. Once Except as provided in the immediately following sentence, once a notice of redemption is transmitted delivered in accordance with Section 3.03, subject to the satisfaction (or waiver) of any conditions precedent, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that any . Any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretionIssuer’s option, be subject to the satisfaction (or waiver by the Issuer in its sole discretion) of one or more conditions precedent. In addition, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If if such redemption or notice is subject to satisfaction (or waiver) of one or more conditions precedent, such notice shall state that, in the Issuers’ Issuer’s discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Issuer in their its sole discretion), ) or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been (or, in the Issuer’s sole determination, are not expected to be) satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date so delayed. In addition, the Issuers The Issuer may provide in such any notice that payment of the redemption price and accrued and unpaid interest, if any, and the performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Sources: Indenture (Pitney Bowes Inc /De/), Indenture (Pitney Bowes Inc /De/)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed or sent in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that , subject to satisfaction of any redemption or conditions precedent relating thereto specified in the applicable notice of any redemption. As long as the Notes are issued in global form, notices to be given to Holders will be given to DTC, in accordance with its applicable policies as in effect from time to time. Any notice of redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Company’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion consummation or occurrence of any related Equity Offering, incurrence of Indebtedness, Change of Control or other transaction, as the related transaction or eventcase may be. Any such redemption may be partial as a result of only some of the conditions being satisfied. If In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 sixty (60) days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Company in their its sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers Company in their its sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers The Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Sources: Indenture (Geo Group Inc), Indenture (Geo Group Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.3, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that price (subject to any redemption or conditions set forth in such notice and the provisions of any this Section 5.4 below). Notice of redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) Issuer’s option and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more the satisfaction of any conditions precedent, including, but not limited to, completion precedent contained in such notice of redemption. Notice of any redemption of the related transaction Notes may be subject to the satisfaction (or event. Any waiver by the Issuer in the Issuer’s discretion) of any conditions precedent to such redemption may be partial as a result of only some of specified in the conditions being satisfiedapplicable notice. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state thatthe Redemption Date may be delayed, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Issuer in their sole the Issuer’s discretion), or such redemption may not occur and such the notice of redemption may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers Issuer in their sole the Issuer’s discretion) by the redemption dateapplicable Redemption Date (whether the original Redemption Date or the Redemption Date so delayed). The Issuer shall provide written notice to the Trustee, or by as promptly as practicable prior to the scheduled redemption date so if any such redemption has been rescinded or delayed. In addition, and upon receipt thereof, together with an Officer’s Certificate delivered pursuant to this Indenture, the Issuers may Trustee shall provide in such notice that payment to each Holder of the Notes in the same manner in which the notice of redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Personwas given.
Appears in 1 contract
Sources: Indenture (KOHLS Corp)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable (subject to the next succeeding sentence) on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes may, at the Co-Issuers’ discretion, be given prior to the completion of a corporate transaction or event (including an Equity Offering, other offering, issuance an incurrence of Indebtedness, an acquisition or financing transaction or a Change of Control or other transaction or eventControl) and any such redemption or redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Co-Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the a related transaction (including an Equity Offering, an incurrence of Indebtedness, an acquisition or event. Any such redemption may be partial as financing transaction or a result Change of only some of the conditions being satisfiedControl). If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Co-Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Co-Issuers may provide in such notice that payment of the redemption price and performance of the Co-Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related an equity offering, other offering, Incurrence of Indebtedness For Borrowed Money, or other corporate transaction or event. Any such event and notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied. If ; provided, however, that any such conditions precedent shall be set forth in the notice of redemption or notice is subject to satisfaction of one or more conditions precedent, and that such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Effect of Notice of Redemption. Once Subject to satisfaction or waiver of the conditions precedent set forth therein, once notice of redemption is transmitted in accordance with Section 3.03mailed or sent, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date and at the Redemption Price. Upon surrender of any Notes to the Paying Agent, such Notes shall be paid at the Redemption Price, plus accrued interest, if any, to the Redemption Date. Notice of redemption price; provided that shall be deemed to be given when mailed or sent, whether or not the Holder receives the notice. In any event, failure to give such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption or of Notes held by Holders to whom such notice was properly given. Notice of any redemption may, at the Issuers’ discretion, may be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control any offering or other transaction or event) corporate transaction, and any redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, the completion of the related transaction offering or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedcorporate transaction. If any such redemption or condition precedent has not been satisfied, the Company shall provide written notice is subject to satisfaction the Trustee prior to the close of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, business two business days prior to the redemption date (or such shorter period as may be delayed until acceptable to the Trustee). Upon receipt of such time (including more than 60 days after notice, the date notice of redemption shall be rescinded and the redemption of the Notes shall not occur. Upon receipt, the Trustee shall provide such notice to each Holder of the Notes in the same manner in which the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Persongiven.
Appears in 1 contract
Effect of Notice of Redemption. Once Subject to the next paragraph, once notice of redemption is transmitted delivered in accordance with Section 3.033.3, Notes called for redemption become irrevocably due and payable on the redemption date at the applicable redemption price; provided that any . Any redemption or notice of any redemption may, at the Issuers’ Issuer’s discretion, be given prior subject to the satisfaction or waiver of one or more conditions precedent, including completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtednessfinancing transaction, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) maytransaction. In addition, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any if such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction or waiver of one or more conditions precedent, such notice shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)waived, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In additionThe Issuer shall provide written notice, in the form of an Officer’s Certificate, of the satisfaction or waiver of such conditions, the Issuers may provide in delay of such redemption date or the rescission of such notice that payment of redemption to the Trustee no later than the redemption date, and upon receipt the Trustee shall provide such notice of each holder of the Notes in the same manner in which the notice of redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Personwas given.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any Any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent. In addition, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall may state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (provided, however, that, in no case shall the notice have been delivered less than 10 days or waived by more than 60 days prior to the Issuers in their sole discretiondate on which such redemption (if any) occurs), or such redemption may not occur and such notice may be modified or rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. The Issuer shall send a supplemental notices to the clearing system confirming the satisfaction of the conditions precedent to any conditional redemption. In addition, such notice of redemption may be extended if such conditions precedent have not been satisfied or waived by the Issuers Issuer by notice to the Holders of the applicable series of Senior Notes and the Issuer may provide in such notice that payment of the redemption or purchase price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person. Notice of any satisfaction and discharge under the Indenture may be subject to a notice period of more than 60 days, at the Issuer’s discretion.
Appears in 1 contract
Sources: Third Supplemental Senior Notes Indenture (IHS Holding LTD)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Except for redemptions pursuant to Section 3.033.08 and Section 3.09 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent. In addition, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall may state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by provided, however, that, in any case, such redemption date shall be no more than 60 days from the Issuers date on which such notice is first given (except in their sole discretionthe case of a redemption notice described in clause (i)) of Section 3.03(a) above)), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In additionOnce a notice of redemption is mailed, Notes called for redemption become due and payable on the Issuers may provide in such notice that payment of redemption date and at the redemption price and performance stated in the notice. Notice of redemption shall be deemed to be given when mailed or otherwise delivered, whether or not the Holder receives the notice. In any event, failure to give such notice, or any defect therein, shall not affect the validity of the Issuers’ obligations with respect proceedings for the redemption of Notes held by Holders to whom such redemption may be performed by another Personnotice was properly given.
Appears in 1 contract
Sources: Indenture (Danaos Corp)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.3, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that price (subject to any redemption or notice conditions set forth in such notice). Notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) Issuer’s option and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more the satisfaction of any conditions precedent, including, but not limited to, completion precedent contained in such notice of redemption. Notice of any redemption of the related transaction Notes may be subject to the satisfaction (or event. Any waiver by the Issuer in the Issuer’s discretion) of any conditions precedent to such redemption may be partial as a result of only some of specified in the conditions being satisfiedapplicable notice. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state thatthe Redemption Date may be delayed, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Issuer in their sole the Issuer’s discretion), or such redemption may not occur and such the notice of redemption may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers Issuer in their sole the Issuer’s discretion) by the redemption date, applicable Redemption Date (whether the original Redemption Date or by the redemption date Redemption Date so delayed). In additionThe Issuer shall provide written notice to the Trustee prior to the close of business two Business Days prior to the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Issuers may Trustee shall provide in such notice that payment to each Holder of the Notes in the same manner in which the notice of redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Personwas given.
Appears in 1 contract
Sources: Indenture (Nordstrom Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable (subject to the next succeeding sentence) on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a corporate transaction or event (including an Equity Offering, other offering, issuance an incurrence of Indebtedness, an acquisition or financing transaction or a Change of Control or other transaction or eventControl) and any such redemption or redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the a related transaction (including an Equity Offering, an incurrence of Indebtedness, an acquisition or event. Any such redemption may be partial as financing transaction or a result Change of only some of the conditions being satisfiedControl). If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03delivered, Notes called for redemption cease to accrue interest, and become irrevocably due and payable payable, on the redemption date and at the redemption priceprice stated in the notice; provided provided, however, that any redemption or notice given in respect of any the redemption referred to in Section 5 of the Notes may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed; provided that in no case shall the notice have been delivered less than 10 days or more than 60 days prior to the date on which such redemption (if any) occurs. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person. Upon surrender to the Paying Agent, the Notes shall be paid at the redemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date; provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Notes registered on the relevant record date. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
Appears in 1 contract
Sources: Indenture (Ferroglobe PLC)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed or transmitted, as the case may be, in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any redemption or and notice of any redemption (other than (x) in connection with a defeasance of the Notes or satisfaction and discharge of this Indenture or (y) pursuant to Section 3.08 may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretionIssuer’s option, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion precedent (including the consummation of the related transaction a debt or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedequity financing or other corporate transaction). If such redemption or notice is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition and, if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or deliveredtransmitted, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)Issuer, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) Issuer by the redemption date, date or by the redemption date as so delayed. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another PersonPerson designated by the Issuer in such notice (including any third Person making a tender offer described in Section 3.07(e)); provided that any such payment or performance occurs in accordance with this Indenture and no such designation shall relieve the Issuer from making such payment or performing such obligations if such other Person so designated shall fail to do the same in accordance with this Indenture.
Appears in 1 contract
Sources: Indenture (StoneX Group Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted delivered or mailed in accordance with Section 3.033.03 hereof and any conditions set forth therein have been satisfied (or waived by the Issuer), Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that , subject to the following paragraph. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder. Any redemption or and notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such written notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretionIssuer), or such redemption or purchase may not occur and such written notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretionIssuer) by the redemption date, or by the redemption date as so delayed, or such written notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. In addition, the Issuers Issuer may provide in such written notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Personperson.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted given in accordance with Section 3.033.03 hereof, Notes called for redemption without a condition become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes (including upon the consummation of an Equity Offering, issuance of Debt, Change of Control or other transactions) may, at the Issuers’ discretion, be given prior to the completion consummation of a such transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any such redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion consummation or occurrence of the related transaction or event. Any such redemption , as the case may be partial as a result of only some of the conditions being satisfiedbe. If such a redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuers’ discretion if in the good faith judgment of the Issuers any or all of such conditions will not be satisfied. In addition, the The Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Indenture (Foresight Energy LP)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03delivered, Notes called for redemption cease to accrue interest (unless the Issuer defaults in make such redemption payment or the Paying Agent is prohibited from making such payment under the terms of this Indenture), and become irrevocably due and payable payable, on the redemption date and at the redemption priceprice stated in the notice; provided provided, however, that any redemption or notice of any a redemption may, at provided for by Section 5 of the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, Note may be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, and such notice shall may state that, that in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by provided, however that, in any case, each redemption date shall be no more than 60 days from the Issuers in their sole discretiondate on which such notice is first given), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In additionUpon surrender to the Paying Agent, the Issuers may provide in such notice that payment of Notes shall be paid at the redemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date; provided, however, that if the redemption date is after a regular record date and performance on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the Issuers’ obligations with respect redeemed Notes registered on the relevant record date. Failure to such redemption may be performed by another Persongive notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that price subject to satisfaction of any redemption or notice conditions precedent specified therein. Notice of any redemption of the Notes in connection with a corporate transaction (including an Equity Offering (in the case of redemption pursuant to Section 5.07(b) hereof), an incurrence of Indebtedness or a Change of Control (in the case of purchase pursuant to Section 3.09 hereof)) may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) thereof and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Indenture (Yum Brands Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed or transmitted, as the case may be, in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any redemption or and notice of any redemption (other than (x) in connection with a defeasance of the Notes or satisfaction and discharge of this Indenture or(y) pursuant to Section 3.08 may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretionIssuer’s option, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion precedent (including the consummation of the related transaction a debt or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedequity financing or other corporate transaction). If such redemption or notice is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition and, if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or deliveredtransmitted, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)Issuer, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) Issuer by the redemption date, date or by the redemption date as so delayed. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another PersonPerson designated by the Issuer in such notice (including any third Person making a tender offer described in Section 3.07(e)); provided that any such payment or performance occurs in accordance with this Indenture and no such designation shall relieve the Issuer from making such payment or performing such obligations if such other Person so designated shall fail to do the same in accordance with this Indenture.
Appears in 1 contract
Sources: Indenture (StoneX Group Inc.)
Effect of Notice of Redemption. (a) Once notice of redemption is transmitted delivered, subject to the satisfaction of any conditions specified in accordance with the applicable notice of redemption pursuant to paragraph (b) of this Section 3.033.04, Notes Securities called for redemption become irrevocably due and payable on the redemption date and at the redemption price; provided that any redemption or notice of any redemption mayprice stated in the notice. Upon surrender to the Paying Agent, such Securities shall be paid at the Issuers’ discretionredemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on an Interest Payment Date that is on or prior to the date of redemption). Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
(b) Notice of redemption, whether in connection with an Equity Offering or otherwise, may be given prior to the completion of a transaction or event (including an Equity Offeringthereof, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Company’s option and discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction Equity Offering or eventother transaction. Any In addition, if such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another PersonPerson (it being understood that any such provision for payment by another Person will not relieve the Company and the Subsidiary Guarantors from their obligations with respect to such redemption).
Appears in 1 contract
Sources: Indenture (Rite Aid Corp)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any Any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Operator Guarantor’s discretion, be subject to one or more conditions precedent. In addition, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall may state that, in the Issuers’ Operator Guarantor’s discretion, the redemption date Redemption Date may be delayed until such time as any or all such conditions shall be satisfied (including provided, however, that, in no case shall the notice have been delivered less than 10 days or more than 60 days prior to the date on which such redemption (if any) occurs and such delay will be no more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretionsent), or such redemption may not occur and such notice may be modified or rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date so delayed. In addition, such notice of redemption may be extended if such conditions precedent have not been satisfied or waived by the Issuers Operator Guarantor (on behalf of the Issuer Trust) by notice to the Holders of the Notes and the Operator Guarantor may provide in such notice that payment of the redemption or purchase price and performance of the Issuers’ Issuer Trust’s obligations with respect to such redemption may be performed by another Person. Notice of any satisfaction and discharge under this Indenture may be subject to a notice period of more than 60 days, at the Operator Guarantor’s discretion.
Appears in 1 contract
Effect of Notice of Redemption. Once Except as provided for herein, once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes in connection with a corporate transaction (including an Equity Offering, an incurrence of Indebtedness or a Change of Control) may, at the Issuers’ Company’s discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) thereof and any redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) redemption may, in at the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Indenture (Avis Budget Group, Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03delivered, Notes called for redemption cease to accrue interest, and become irrevocably due and payable payable, on the redemption date and at the redemption priceprice stated in the notice; provided provided, however, that any redemption referred to in Paragraph 5 or notice Paragraph 7 of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent and any related notice of redemption may state such conditions precedent, including, but not limited to, completion of the related transaction or event. Any If any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to the satisfaction of one or more conditions precedent, such notice of redemption shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed; provided that in no case shall the notice have been delivered less than 10 days or more than 60 days prior to the date on which such redemption (if any) occurs. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.. Upon surrender to the Paying Agent, the Notes shall be paid at the redemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date; provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Notes registered on the relevant record date. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
Appears in 1 contract
Sources: Indenture
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed or transmitted, as the case may be, in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any redemption or and notice of any redemption (other than (x) in connection with a defeasance of the Notes or satisfaction and discharge of this Indenture, (y) pursuant to Section 3.08 or (z) pursuant to Section 4.20(a)) may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretionIssuer’s option, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion precedent (including the consummation of the related transaction a debt or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedequity financing or other corporate transaction). If such redemption or notice is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition and, if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or deliveredtransmitted, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)Issuer, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) Issuer by the redemption date, date or by the redemption date as so delayed. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another PersonPerson designated by the Issuer in such notice (including any third Person making a tender offer described in Section 3.07(e)); provided that any such payment or performance occurs in accordance with this Indenture and no such designation shall relieve the Issuer from making such payment or performing such obligations if such other Person so designated shall fail to do the same in accordance with this Indenture.
Appears in 1 contract
Sources: Indenture (Intl Fcstone Inc.)
Effect of Notice of Redemption. Once the notice of redemption described in Section 3.03 is transmitted in accordance with Section 3.03sent and subject to the proviso to this sentence, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date and at the redemption price, including any premium, plus interest accrued to the Redemption Date; provided , however , that any redemption or and notice of any redemption may, at the Issuers’ discretion, be given prior thereof pursuant to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) this Indenture may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedentprecedent described in such notice and in which case if and/or to the extent such condition(s) precedent is/are not satisfied the Issuer shall have no obligation to redeem Notes on such Redemption Date, including, but not limited to, including completion of the related transaction an Equity Offering or eventother corporate transaction. Any such redemption may be partial as a result of only some of the conditions being satisfied. If In addition, if such redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)waived, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, Redemption Date or by the redemption date Redemption Date as so delayed. In addition, the Issuers may provide in or such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption or offer may be performed by another Person.rescinded at any time in the Issuer’s discretion if the Issuer 54
Appears in 1 contract
Effect of Notice of Redemption. Once Except as provided for herein, once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes in connection with a corporate transaction (including, without limitation, an Equity Offering, an incurrence of Indebtedness or a Change of Control) may, at the Issuers’ Company’s discretion, be given prior to the completion of a transaction or event (including an Equity Offeringthereof, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) redemption may, in at the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Indenture (Avis Budget Group, Inc.)
Effect of Notice of Redemption. Once a notice of redemption is transmitted delivered in accordance with Section 3.03, subject to the satisfaction (or waiver) of any conditions precedent, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any . Any such redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, including the occurrence of a Change of Control. In addition, if any such redemption is subject to the satisfaction of one or more conditions precedent, the notice of redemption shall describe each such condition and, if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Issuer in their its sole discretion), or and/or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers Issuer in their its sole discretion) by the redemption date, or by the redemption date as so delayed, and/or that such notice may be rescinded at any time by the Issuer if the Issuer determines in its sole discretion that any or all of such conditions will not be satisfied (or waived). In addition, the Issuers Issuer may provide in such redemption notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretiondiscre- tion, be subject to one or more conditions precedent, including, but not limited to, completion of the related an equity offering, other offering, Incurrence of Indebtedness for Borrowed Money, or other corporate transaction or event. Any such event and notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied. If ; provided, however, that any such conditions precedent shall be set forth in the notice of redemption or notice is subject to satisfaction of one or more conditions precedent, and that such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: First Supplemental Indenture (Charter Communications, Inc. /Mo/)
Effect of Notice of Redemption. Once notice of redemption is transmitted provided in accordance with Section 3.033.05, Notes called for redemption become irrevocably due and payable on the redemption date and at the redemption priceprice stated in the notice (except to the extent such redemption is conditional as set forth in Section 3.05). Upon surrender to any Paying Agent, such Notes shall be paid at the redemption price stated in the notice, plus accrued interest to the redemption date; provided provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Notes registered on the relevant record date. In connection with any redemption or notice of Notes, any such redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited toto equity issuances, completion debt issuances, other offering or other corporate transactions or events and may provide for extensions of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after at the date option of the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayedIssuers. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03delivered, Notes called for redemption cease to accrue interest, and become irrevocably due and payable payable, on the redemption date and at the redemption priceprice stated in the notice; provided provided, however, that any redemption or notice given in respect of any the redemption referred to in Section 5 of the Notes may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed; provided that in no case shall the notice have been delivered less than 10 days or more than 60 days prior to the date on which such redemption (if any) occurs. In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.. Upon surrender to the Paying Agent, the Notes shall be paid at the redemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date; provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Notes registered on the relevant record date. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
Appears in 1 contract
Sources: Indenture (Ferroglobe PLC)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03delivered, Notes called for redemption cease to accrue interest, and become irrevocably due and payable payable, on the redemption date and at the redemption priceprice stated in the notice; provided provided, however, that any redemption or notice given in respect of any the redemption referred to in Section 5 of the Notes may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed; provided that in no case shall the notice have been delivered less than 10 days or more than 60 days prior to the date on which such redemption (if any) occurs. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Upon surrender to the Paying Agent, the Notes shall be paid at the redemption price stated in the notice, plus accrued interest, if any, to, but not including, the redemption date; provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Notes registered on the relevant record date. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder.
Appears in 1 contract
Sources: Indenture (Ferroglobe PLC)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, incurrence of Indebtedness, Change of Control Triggering Event or other transaction and may include various aggregate principal amounts of notes that potentially may be redeemed and the related transaction or eventconditions precedent applicable to such amounts. Any If such redemption or purchase is so subject to satisfaction of one or more conditions precedent, such notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied; provided, however, that any such conditions precedent shall be set forth in the notice of redemption. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such Such notice shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Company in their sole its discretion), or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers Company may provide in such notice that payment of the redemption price and performance of the Issuers’ Company’s obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any Any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer's discretion, be subject to one or more conditions precedent. In addition, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall may state that, in the Issuers’ Issuer's discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (provided, however, that, in no case shall the notice have been delivered less than 10 days or waived by more than 60 days prior to the Issuers in their sole discretiondate on which such redemption (if any) occurs), or such redemption may not occur and such notice may be modified or rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. The Issuer shall send a supplemental notices to the clearing system confirming the satisfaction of the conditions precedent to any conditional redemption. In addition, such notice of redemption may be extended if such conditions precedent have not been satisfied or waived by the Issuers Issuer by notice to the Holders of the applicable series of Senior Notes and the Issuer may provide in such notice that payment of the redemption or purchase price and performance of the Issuers’ Issuer's obligations with respect to such redemption may be performed by another Person. Notice of any satisfaction and discharge under the Indenture may be subject to a notice period of more than 60 days, at the Issuer's discretion.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related an Equity Offering, other offering, issuance of Indebtedness, or other transaction or event. Any such event and notice of any redemption in respect thereof may be given prior to the completion thereof and may be partial as a result of only some of the conditions being satisfied. If ; provided, however, that any such conditions precedent shall be set forth in the notice of redemption or notice is subject to satisfaction of one or more conditions precedent, and that such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: First Supplemental Indenture (Cco Holdings Capital Corp)
Effect of Notice of Redemption. Once (a) Subject to Section 3.04(b) hereof, once notice of redemption is transmitted mailed in accordance with Section 3.033.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; price (except as provided that for in Paragraph 5(c) of the applicable Note). The notice, if mailed or delivered by electronic transmission in PDF format in a manner herein provided, shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Note designated for redemption in whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. Subject to Section 3.05 hereof, on and after the redemption date, interest ceases to accrue on Notes or portions of Notes called for redemption.
(b) Notwithstanding anything to the contrary herein, in connection with any redemption or notice of Notes (including with funds in an equal aggregate amount not exceeding the net cash proceeds of an Equity Offering), any such redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, includingincluding any related Equity Offering. In addition, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Indenture (Halyard Health, Inc.)
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.3 hereof, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) option and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an Equity Offering (in the related transaction case of redemption pursuant to Section 5.7(b) hereof) or event. Any such redemption Change of Control (in the case of purchase pursuant to Section 3.9 hereof), as the case may be partial as a result of only some of the conditions being satisfiedbe. If such redemption or notice is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person, provided that any such payment or performance occurs in accordance with the Indenture.
Appears in 1 contract
Sources: Indenture (Ladder Capital Corp)
Effect of Notice of Redemption. Once notice of redemption is transmitted in accordance with Section 3.03, Notes called for redemption become irrevocably due and payable on the redemption date at the redemption price; provided that any Any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer's discretion, be subject to one or more conditions precedent. In addition, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall may state that, in the Issuers’ Issuer's discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (provided, however, that, in no case shall the notice have been delivered less than 10 days or waived by more than 60 days prior to the Issuers in their sole discretiondate on which such redemption (if any) occurs), or such redemption may not occur and such notice may be modified or rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. The Issuer shall send a supplemental notice to the clearing system confirming the satisfaction of the conditions precedent to any conditional redemption. In addition, such notice of redemption may be extended if such conditions precedent have not been satisfied or waived by the Issuers Issuer by notice to the Holders of the applicable series of Senior Notes and the Issuer may provide in such notice that payment of the redemption or purchase price and performance of the Issuers’ Issuer's obligations with respect to such redemption may be performed by another Person. Notice of any redemption in connection with a satisfaction and discharge under the Senior Notes Indenture may be subject to a notice period of more than 60 days, at the Issuer's discretion.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted sent in accordance with Section 3.035.03 hereof, Notes called for redemption become irrevocably due and payable on the redemption date Redemption Date at the redemption price; provided that price subject to satisfaction of any redemption or notice conditions precedent specified therein. Notice of any redemption of the Notes in connection with a corporate transaction (including an Equity Offering (in the case of redemption pursuant to Section 5.07(b) or Section 5.08(b) hereof), an incurrence of Indebtedness or a Change of Control (in the case of purchase pursuant to Section 3.09 hereof)) may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) thereof and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfiedtransaction. If such redemption or notice purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Indenture (Yum Brands Inc)
Effect of Notice of Redemption. Once notice of redemption is transmitted given in accordance with Section 3.03Section 3.03 hereof, Notes called for redemption without a condition become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption of the Notes (including upon an Equity Offering) may, at the Issuers’ Issuer’s discretion, be given prior to the completion of a transaction or event specified in this Indenture (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or eventSection 3.07) and any such redemption or notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related transaction or event, as the case may be. Any The Issuer may provide in such notice that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be partial as a result of only some of the conditions being satisfiedperformed by another Person. If such a redemption or notice purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion)satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. In additionThe Issuer will provide the Trustee with notice of the satisfaction or waiver of such conditions, the Issuers may provide in delay of such redemption or the rescission of such notice of redemption in the same manner that payment the related notice of redemption was given to the Trustee, and the Trustee will send a copy of such notice to the Holders in the same manner that the related notice of redemption price and performance of the Issuers’ obligations with respect was given to such redemption may be performed by another PersonHolders.
Appears in 1 contract
Sources: Indenture (Navajo Transitional Energy Company, LLC)
Effect of Notice of Redemption. Once notice of redemption is transmitted mailed in accordance with Section 3.035.3, Notes called for redemption, unless such redemption is conditioned on the happening of a future event, become irrevocably due and payable on the redemption date at the redemption price; provided that any redemption or notice . Notice of any redemption may, at the Issuers’ discretion, be given prior to the completion in respect of a any corporate transaction or other event (including an any Equity Offering, other offeringQualified IPO, issuance Incurrence of Indebtedness, Change of Control or other transaction transaction) may be given prior to the completion thereof. Any redemption or event) and any notice of redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in at the Issuers’ Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related a corporate transaction or other event. Any such If any redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is so subject to the satisfaction of one or more conditions precedent, the notice thereof shall describe each such notice condition and, if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers Issuer in their its sole discretion), or and/or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers Issuer in their its sole discretion) by the redemption date, or by the redemption date as so delayed, and/or that such notice may be rescinded at any time by the Issuer if the Issuer determines in its sole discretion that any or all of such conditions will not be satisfied (or waived). In addition, the Issuers Issuer may provide in such notice that payment of the redemption price and performance of the Issuers’ Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Indenture (CPG Newco LLC)
Effect of Notice of Redemption. Once notice of redemption is transmitted delivered in accordance with Section 3.033.05, the Senior Subordinated Notes called for redemption become irrevocably due and payable on the redemption date and at the redemption priceprice stated in the notice, except as provided in this Section 3.06. Upon surrender to the Paying Agent, such Senior Subordinated Notes shall be paid at the redemption price stated in the notice, plus accrued interest, to, but not including, the redemption date; provided provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Senior Subordinated Notes registered on the relevant record date. Failure to give notice or any redemption or defect in the notice to any Holder shall not affect the validity of the notice to any other Holder. Any notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, the completion of the related an Equity Offering, a Change of Control, a financing or any other transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in Without limiting the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In additionobligations under this Senior Subordinated Notes Indenture, the Issuers may provide in such notice that payment of the redemption price and the performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Effect of Notice of Redemption. Once notice of redemption is transmitted delivered in accordance with Section 3.033.05, the Senior Secured Notes called for redemption become irrevocably due and payable on the redemption date and at the redemption priceprice stated in the notice, except as provided in this Section. Upon surrender to the Paying Agent, such Senior Secured Notes shall be paid at the redemption price stated in the notice, plus accrued interest, to, but not including, the redemption date; provided provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Senior Secured Notes registered on the relevant record date. Failure to give notice or any redemption or defect in the notice to any Holder shall not affect the validity of the notice to any other Holder. Any notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, the completion of the related an Equity Offering, a Change of Control, a financing or any other transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall may state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been been, or, in the Issuers’ sole determination, may not be, satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Senior Secured Notes Indenture (Reynolds Group Holdings LTD)
Effect of Notice of Redemption. Once notice of redemption is transmitted delivered in accordance with Section 3.033.05, the Senior Notes called for redemption become irrevocably due and payable on the redemption date and at the redemption priceprice stated in the notice, except as provided in this Section. Upon surrender to the Paying Agent, such Senior Notes shall be paid at the redemption price stated in the notice, plus accrued interest, to, but not including, the redemption date; provided provided, however, that if the redemption date is after a regular record date and on or prior to the interest payment date, the accrued interest shall be payable to the Holder of the redeemed Senior Notes registered on the relevant record date. Failure to give notice or any redemption or defect in the notice to any Holder shall not affect the validity of the notice to any other Holder. Any notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, the completion of the related an Equity Offering, a Change of Control, a financing or any other transaction or event. Any such redemption may be partial as a result of only some of the conditions being satisfied. If In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall may state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been been, or, in the Issuers’ sole determination, may not be, satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Senior Notes Indenture (Reynolds Group Holdings LTD)
Effect of Notice of Redemption. Once notice of redemption is transmitted delivered as provided in accordance with Section 3.033.2, Notes called for redemption become irrevocably due and payable on the redemption date and at the redemption price; provided that any . On and after the redemption or date, unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes called for redemption and all rights of Holders with respect to such Notes will terminate except for the right to receive payment of the redemption price upon surrender for redemption. Upon surrender to the Paying Agent, such Notes shall be paid at the redemption price plus accrued interest to the redemption date. A notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, including completion of an offering of Capital Stock or another corporate transaction. If any condition precedent provided for in the related transaction notice of redemption has not been satisfied following delivery of such notice pursuant to Section 3.2, the Company shall notify the Trustee and the Paying Agent in writing prior to the close of business two (2) Business Days prior to the Redemption Date (or event. Any such redemption shorter period as may be partial as a result reasonably acceptable to the Trustee). Upon receipt of only some such notice by the Trustee, (i) the notice of redemption shall be rescinded or delayed, and the redemption of the conditions being satisfied. If Notes shall be rescinded or delayed as provided in such redemption or notice is subject to satisfaction of one or more conditions precedent, notice; and (ii) the Trustee in cooperation with the Common Depositary shall deliver such notice shall state that, to each Holder in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date same manner in which the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Persongiven.
Appears in 1 contract
Sources: Senior Indenture (Iron Mountain Inc)
Effect of Notice of Redemption. Once Subject to the next paragraph, once notice of redemption is transmitted delivered in accordance with Section 3.033.3, Notes called for redemption become irrevocably due and payable on the redemption date at the applicable redemption price; provided that any . Any redemption or notice of any redemption may, at the Issuers’ discretion, be given prior to the completion of a transaction or event (including an Equity Offering, other offering, issuance of Indebtedness, Change of Control or other transaction or event) and any redemption notice (including the amount of Notes redeemed and conditions precedent applicable to different amounts of Notes redeemed) may, in the Issuers’ Issuer’s discretion, be subject to the satisfaction or waiver of one or more conditions precedent, including, but not limited to, including completion of the related transaction an Equity Offering, financing transaction, change of control or eventother corporate transaction. Any In addition, if such redemption may be partial as a result of only some of the conditions being satisfied. If such redemption or notice is subject to satisfaction or waiver of one or more conditions precedent, such notice shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion(but not more than three months until such conditions are satisfied or waived), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. In additionThe Issuer shall provide written notice of the satisfaction or waiver of such conditions, the Issuers may provide in delay of such redemption date or the rescission of such notice that payment of redemption to the Trustee no later than the redemption date, and upon receipt the Trustee shall provide such notice to each holder of the Notes in the same manner in which the notice of redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Personwas given.
Appears in 1 contract
Sources: Indenture (Vertiv Holdings Co)