Common use of Method and Effect of Redemption Clause in Contracts

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 3 contracts

Sources: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Corp), Indenture (Ak Steel Holding Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC proceduresbe redeemed at any time, the Trustee will shall select Notes for redemption on a pro rata basis (or, in the case of Notes in global form, the Trustee shall select Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection), unless otherwise required by law or applicable stock exchange requirements. (b) The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriateredeemed. No Note Notes in amounts of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly Notes and portions of Notes selected shall be in amounts of $2,000 and integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if less than $2,000 or not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. (c) If any Note is to be redeemed in part only, the notice of redemption that relates to such note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of the Holder thereof upon cancellation of the original note. Notes called for redemption become due on the date fixed for redemption, unless the redemption is subject to a condition precedent that is not satisfied or waived. On and after the redemption date, interest ceases to accrue on Notes or portions of Notes to be called for redemption, unless the Company defaults in making the redemption payment. Notice Any redemption or notice of redemption must be sent by the Company or may, at the Company’s requestdiscretion, by the Trustee be subject to one or more conditions precedent and, in the name and at case of a redemption with the expense net cash proceeds of an Equity Offering, be given prior to the completion of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)related Equity Offering. (bd) The Except as otherwise set forth in this Indenture, the notice of redemption will shall identify the Notes to be redeemed and will shall include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) that Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) that on the redemption date the redemption price will shall become due and payable on Notes called for redemption, and interest on Notes called for redemption will shall cease to accrue on and after the redemption date; (6vi) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will shall be issued; and (8) vii) that if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (ce) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will shall cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will shall receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (f) At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall have delivered to the Trustee, at least three Business Days prior to mailing of notice of the redemption (or such shorter period of time as may be acceptable to the Trustee), a Company Request that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Except as otherwise set forth in this Indenture, the notice of redemption must be sent by the Company or at the Company’s request, by the Trustee, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date.

Appears in 3 contracts

Sources: Indenture (Kodiak Oil & Gas Corp), Indenture (Kodiak Oil & Gas Corp), Indenture (Kodiak Oil & Gas Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes pursuant to Section 3.01 or Section 4.14(e), it must notify shall furnish to the Trustee, at least two Business Days (or such shorter period as the Trustee may agree) before the notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to Section 3.01 or Section 4.14(e), notification setting forth (i) the paragraph or subparagraph of such Note and/or Section of this Indenture pursuant to which the redemption date and shall occur, (ii) the redemption date, (iii) the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with and (iv) the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice redemption price. (b) Notices of redemption must be sent delivered or mailed by the Company or or, at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 ten days but not more than 60 days before the redemption date (to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with the procedures of the Depositary, except that, notwithstanding Section 3.01 and Section 4.14(e), redemption notices may be delivered or mailed more than 60 days prior to a redemption date if the notice is issued in connection with satisfaction and discharge Article 8 or defeasance under this Indenture)Article 12 hereof. (bc) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemptionname and address of the Paying Agent; (4) Notes called for redemption must be so surrendered to the Paying Agent in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and or after the redemption date, upon surrender of such NoteNote for cancellation, a new Notes Note equal in principal amount to the unredeemed portion of the original Note will be issuedissued in the name of the Holder upon cancellation of the original Note; and (8) 7) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (cd) If fewer than all of the Notes are being redeemed, selection of the Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed and in such manner as complies with applicable legal requirements and, in the case of Global Notes, the procedures of the Depositary; provided that the selection of Notes for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000. The Trustee will notify the Company promptly of the Notes or portions of Notes selected for redemption, and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. (e) Once notice of redemption is sent delivered or mailed to the HoldersHolders in accordance with Section 3.03(b), Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price, subject in each case to the satisfaction or waiver of any conditions to such redemption set forth in the notice of redemption in the case of a conditional redemption pursuant to Section 3.01(g). Commencing on the redemption date, Notes redeemed will cease to accrue interest. A notice of redemption, if delivered or mailed 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 deliver or mail a notice of redemption 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. Upon surrender of any Note redeemed in partpart to the Trustee for cancellation, the Trustee will promptly authenticate and mail (or cause to be transferred by book entry) to the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note; provided that each such new Note shall be in a principal amount of $2,000 or integral multiples of $1,000 in excess thereof. It is understood that, notwithstanding anything in this Indenture to the contrary, only an Authentication Order and not an Opinion of Counsel or Officer’s Certificate is required for the Trustee to authenticate such new Note.

Appears in 3 contracts

Sources: Indenture (Maxar Technologies Inc.), Indenture (Maxar Technologies Inc.), Indenture (Maxar Technologies Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 10 days before the notice of redemption date required pursuant to this Section 3.03(a) is sent to Holders (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is sent to DTC proceduresHolders, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes of like terms and tenor equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note of like terms and tenor equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 3 contracts

Sources: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it they must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officer’s Certificate must also specify a record date not less than 10 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate (and in the case of Global Notes, in accordance with the applicable procedures of DTC), in minimum denominations of $2,000 in principal amount or less and integral multiples of $1,000 in excess thereof; provided that no note of an unauthorized denomination shall be redeemed in partremain outstanding after such redemption. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestrequest given at least five days prior to the date such notice is to be sent (or such shorter period as is acceptable to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed and the Trustee at least 30 10 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (d) Notice of any redemption, whether in connection with an Equity Offering, other transaction or otherwise, may, at the Company’s discretion, be given prior to the completion of a corporate transaction (including an Equity Offering, an Incurrence of Debt, a Change of Control or other corporate transaction) and any redemption notice may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or 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 Company’s 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. In addition, the Company may provide in such notice that payment of the redemption price and performance of the Company’s obligations with respect to such redemption may be performed by another Person. The Company and its Affiliates may acquire the Notes by means other than a redemption, whether by tender offer, open market purchases, negotiated transactions or otherwise.

Appears in 3 contracts

Sources: Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 not less than 15 days nor more than 90 days before the redemption date (unless a shorter period is satisfactory to the Trustee)date. If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed for redemption (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, (2) if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note , in each case in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 90 days before the redemption date (date, except in connection with satisfaction and discharge or defeasance under this Indenture)where DTC requires a longer period. (b) The notice of redemption will identify the Notes (including the CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 3 contracts

Sources: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 10 days before the notice of redemption date required pursuant to this Section 3.03(a) is sent to Holders (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is sent to DTC proceduresHolders, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate (or, in the case of Notes represented by Global Notes, in such manner as DTC may require), in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that a redemption notice may be sent more than 60 days prior to a redemption date (except if it is issued in connection with satisfaction a discharge of the Company’s obligations under the Notes and discharge this Indenture pursuant to Section 8.01 or a defeasance under this Indenture)pursuant to Section 8.02 or 8.03. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including if then determinable, and otherwise the portion thereof representing any accrued interestmethod of determining the redemption price; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes of like terms and tenor equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, together with interest accrued thereon to the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price, together with interest accrued thereon to the redemption date. Commencing on the redemption date, if funds are deposited by the Company to pay the redemption price for the Notes as provided herein, together with interest accrued thereon to the redemption date, the Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note of like terms and tenor equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 3 contracts

Sources: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 days before the redemption date Redemption Date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officer’s Certificate must also specify a record date not less than 15 days after the date the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed (x) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed, or, if the Notes are not listed (y) on a national securities exchange, pro rata basis to the extent practicable or (z) by lot or by such other method as the Trustee in its sole discretion shall deem to be deems fair and appropriateappropriate (and in accordance with any applicable procedures of DTC). No Note Notes of $2,000 in principal amount or less shall can be redeemed in part. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company Issuer or at the CompanyIssuer’s request, by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the Redemption Date by first-class mail to the registered address of such Holders or otherwise given in accordance with the procedures of DTC, except that redemption date (except notices may be mailed or given in accordance with the procedures of DTC more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture in accordance with Article 8. Any notice of any redemption may be given prior to the redemption thereof, and any such redemption or defeasance under this Indenture)notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an Equity Offering or other corporate transaction. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption dateRedemption Date; (2) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5) subject to any conditions precedent, on the redemption date Redemption Date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date (unless the Issuer defaults in paying the Redemption Price on the Redemption Date, in which case such interest shall continue to accrue until the Redemption Price, including any such additionally accrued interest, is paid); (6) if any Note such redemption is to be redeemed in part onlyconditioned upon the occurrence of one or more conditions precedent, the portion nature of the principal amount to be redeemedsuch conditions precedent; (7) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issuedissued except that no Notes of $2,000 or less can be redeemed in part; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, subject to Section 3.03(a), Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption dateRedemption Date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption dateRedemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 3 contracts

Sources: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in accordance with the procedures of DTC, in multiples of $2,000 in 1,000 principal amount or less shall be redeemed in partamount. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that a notice of redemption may be sent more than 60 days prior to a redemption date (except if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture)Indenture in accordance with the provisions of Article 8. (b) The notice of redemption will identify the Notes (including CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued and unpaid interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Seagate Technology), Indenture (Seagate Technology PLC)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 days 5 Business Days before the date the notice of redemption date in respect thereof is to be sent (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall be redeemed in partand integral multiples of $1,000 thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)Redemption Date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption dateRedemption Date; (2) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemptionpayment of the Redemption Price and the name and address of the Paying Agents (if any); (4) that Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5) that on the redemption date Redemption Date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) that if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption dateRedemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption dateRedemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (d) If any Note (or portion thereof) called for redemption shall not be so paid upon surrender thereof for redemption, the principal (and premium, if any) shall, until paid, bear interest from the Redemption Date at the rate borne by the Note (or portion thereof). (e) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal of such Note that has been or is to be redeemed. (f) Any Note that is to be redeemed only in part shall be surrendered at a Place of Payment (with, if the Company or the Trustee so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the Company and the Trustee duly executed by, the Holder thereof or such Holder’s attorney duly authorized in writing) and the Company shall execute and the Trustee shall authenticate and deliver to the Holder of such Note without service charge, a new Note or Notes, of any authorized denomination as requested by such Holder in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Note so surrendered.

Appears in 2 contracts

Sources: Indenture (Eastman Kodak Co), Indenture (Eastman Kodak Co)

Method and Effect of Redemption. (a) If the Company elects to redeem any Notes, it must notify the Trustee of the redemption date and date, the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 15 days before prior to the redemption date of the mailing of the notice (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestrequest (the Company to provide or cause to be provided to the Trustee such information to be included in such notice five (5) days prior to such notice being sent to Holders, unless a shorter period is satisfactory to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotice of any redemption will be mailed by first-class mail, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate postage prepaid, at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except to Holders of Notes to be redeemed at their respective registered addresses. For so long as the Notes are listed on the Irish Stock Exchange for trading on the Global Exchange Market and the rules of the exchange require, the Company will cause notices of redemption to also be published as described in connection with satisfaction and discharge or defeasance under this Indenture)Section 12.02. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Notes called for redemption will become due on the date fixed for redemption. The Company will pay the redemption price for the Notes together with accrued and unpaid interest thereon (including Additional Amounts, if any) through the date of redemption. On and after the redemption date, interest will cease to accrue on the Notes as long as the Company has deposited with the paying agent funds in satisfaction of the applicable redemption price pursuant to the Indenture. Upon redemption of the Notes by the Company, the redeemed Notes will be cancelled. (d) If fewer than all of the Notes are being redeemed, the Trustee or Registrar will select the Notes to be redeemed pro rata, by lot or by any other method the Trustee in its sole discretion deems fair and appropriate or in accordance with DTC procedures, in denominations of US$200,000 principal amount and higher integral multiples of US$1,000. In the case of Certificated Notes, upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemptionand, the Company shall redeem such Notes at the redemption price. Commencing commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion . (e) The Company may acquire Notes by means of the surrendered Noteredemption provisions above or by means other than a redemption, whether by tender offer, open market purchases, negotiated transactions or otherwise, in accordance with the applicable securities laws, so long as such acquisition does not otherwise breach the terms of the Indenture.

Appears in 2 contracts

Sources: Indenture (GeoPark LTD), Indenture (GeoPark Holdings LTD)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed pro rata, or as nearly a pro rata basis as is practicable (subject to the procedures of DTC), unless such method is otherwise prohibited, in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangecase, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company Issuer or at the CompanyIssuer’s request, by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interestinterest or Additional Interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent mailed by First-class mail by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Roadway Corp), Indenture (Yellow Roadway Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed on a pro rata basis, subject to adjustments so that no Notes are redeemed in compliance an unauthorized denomination (or, in the case of Global Notes, the Notes to be redeemed will be selected in accordance with the requirements of the principal national securities exchangeDepositary’s applicable procedures), if any, on which the unless otherwise required by law or applicable stock exchange requirements. Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee redeemed in its sole discretion shall deem to part must be fair and appropriate. No Note redeemed in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000 (subject to the procedures of the Depositary). The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (in the case of Global Notes, to the Depositary in accordance with the procedures of the Depositary and in the case of certificated Notes, by first class mail, or delivered electronically if held at DTC, to each Holder of Notes to be redeemed at its registered address, except notices of redemption may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including or the portion thereof representing any accrued interestmethod by which it will be calculated; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the portion of the principal amount of such Note to be redeemed; (7) if any Note is redeemed in partand that, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issuedissued in the name of the Holder thereof upon cancellation of the original Note; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date (or such shorter period of time, subject to Section 3.03(a), as may be acceptable to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in this Section. (d) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender . Notices of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease may not be subject to accrue interestconditions precedent. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (e) Unless the Company defaults in the payment of the redemption price, interest, if any, will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.

Appears in 2 contracts

Sources: Indenture (Rex Energy Corp), Indenture (Rex Energy Corp)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and date, the principal amount of Notes to be redeemed and the redemption price by delivering an Officers’ Certificate at least Certificate, to the effect that such redemption shall comply with the conditions set forth in this Article 3, 40 to 60 days before the redemption date (unless a shorter period is required or otherwise satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the The Trustee will shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, orprovided, that any such requirements are set forth in an Officers’ Certificate delivered by the Issuer to the Trustee prior to any such selection or if the such Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in a minimum principal amount of $2,000 and in principal amount or less shall be redeemed integral multiples of $1,000 in partexcess thereof. The Trustee will shall notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. (b) Notice of redemption must be sent by the Company Issuer, or at the CompanyIssuer’s request, request by the Trustee Trustee, in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that redemption notices may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with satisfaction and discharge Section 8.01 or defeasance under Section 8.02 of this Indenture). (b) . The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including or if not then ascertainable, the portion thereof representing any accrued interestmanner of calculation thereof; (3iii) the place or places clause of this Indenture pursuant to which the redemption shall occur; (iv) the names and addresses of the Paying Agents where Notes are to be surrendered for redemptionsurrendered; (4v) Notes that notes called for redemption must be so surrendered to a Paying Agent in order to collect the redemption priceprice and any accrued interest or Additional Interest; (5vi) that on the redemption date the redemption price will become due and payable on Notes called for redemptionredemption and that, and unless the Issuer defaults in the payment of the redemption price, interest on Notes called for redemption will cease to accrue on and after the redemption date; (6vii) if fewer than all the outstanding Notes are to be redeemed, the certificate numbers and principal amounts of the particular Notes to be redeemed, the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption; (viii) if any Note is to be redeemed in part only, the portion of the principal amount of that Note that is to be redeemed; (7ix) that if any Note is to be redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion part will be issued; (x) any condition to such redemption; (xi) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Notes being redeemed; and (8) if any Note contains a CUSIP or CINS number, xii) that no representation is being made as to the correctness or accuracy of the CUSIP number or CINS number either as number, or “common number” listed in such notice or printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption pursuant to this Section 3.03 is sent mailed to the Holders, Notes called for redemption become due and payable on the redemption date and at the redemption price on stated in the redemption date, and upon notice. Upon surrender of the Notes called for redemptionto any Paying Agent, the Company Issuer shall redeem such Notes at the redemption price. Commencing Subject to Section 3.04, commencing on the redemption date, Notes redeemed called for redemption will cease to accrue interest; 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 and Additional Interest, if any, 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. Upon surrender of any Note redeemed in part, the Holder will receive a new Note note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (GeoEye, Inc.), Indenture (GeoEye, Inc.)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Senior Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Senior Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Senior Trustee, and the Senior Trustee will select the Notes to be redeemed pro rata, or as nearly a pro rata basis as is practicable (subject to the procedures of DTC), unless such method is otherwise prohibited, in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangecase, by lot or by such any other method as the Senior Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Senior Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or Issuer or, at the CompanyIssuer’s request, by the Senior Trustee in the name and at the expense of the Company, Issuer to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. Notices of redemption may not be conditional. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interestinterest or Additional Interest, if any; (3iii) the place or places where Notes are to be surrendered for redemption; redemption (4) Notes called for redemption must be so surrendered in order to collect the redemption price); (5iv) that on the redemption date date, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6v) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, the portion of the principal amount thereof to be redeemed, and that on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vi) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes of any series pursuant to the optional redemption provisions (if any) thereof, it must notify the Trustee of the redemption date date, the redemption price and the principal amount of Notes of that series to be redeemed by delivering an Officers’ Certificate written notice at least 60 35 days before the redemption date (unless a shorter period is satisfactory to the Trustee). Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. If less fewer than all of the Notes of any series are being redeemed, subject to DTC procedures, the Trustee will select the particular Notes to be redeemed in compliance with shall be selected not more than 30 days prior to the requirements redemption date by the Trustee, from the outstanding Notes of such series not previously called for redemption, by such method as may be specified by the principal national securities exchange, if any, on which the terms of such Notes are listed, or, if the Notes are not listed on a national securities exchangeno such method is so specified, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will shall notify the Company promptly in writing of the Notes or portions of Notes to be called for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Except as otherwise provided as to any particular series of Notes, Notes and portions thereof that the Trustee selects shall be in amounts equal to the minimum authorized denomination for Notes of the series to be redeemed or any integral multiple thereof, except that if all of the Notes of the series are to be redeemed, the entire outstanding amount of the Notes of the series held by such Holder, even if not equal to the minimum authorized denomination for the Notes of that series, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. (b) Notice of redemption must be sent mailed by first-class mail by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders at the address set forth in the most recent noteholder list described in Section 2.10 hereof whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture). (b) The notice of redemption will identify unless the Notes Trustee shall have agreed to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.shorter

Appears in 2 contracts

Sources: Indenture (Giant Industries Inc), Indenture (Giant Industries Inc)

Method and Effect of Redemption. (a) If the Company elects Issuers elect to redeem Notes, it they must notify the Trustee of the redemption date and date, the principal amount of Notes to be redeemed and the redemption price by delivering an Officers’ Officer’s Certificate at least and an Opinion of Counsel, to the effect that such redemption shall comply with the conditions set forth in this Article 3, 40 to 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the The Trustee will shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, or if the such Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall be redeemed an integral multiple of $1,000 in partexcess thereof. The Trustee will shall notify the Company Issuers promptly of the Notes or portions of Notes to be called for redemption. Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. (b) Notice of redemption must be sent by the Company Issuers or at the Company’s Issuers’ request, by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that redemption notices may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with satisfaction and discharge Section 8.01 or defeasance under Section 8.02 of this Indenture). (b) . The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, price including the portion thereof representing any accrued interestinterest or Additional Interest, if any; (3iii) the place or places names and addresses of the Paying Agents where Notes are to be surrendered for redemptionsurrendered; (4iv) Notes notes called for redemption must be so surrendered to a Paying Agent in order to collect the redemption priceprice and any accrued interest or Additional Interest; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, redemption and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6vi) if fewer than all the outstanding Notes are to be redeemed, the certificate numbers and principal amounts of the particular Notes to be redeemed, the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption; (vii) if any Note is to be redeemed in part only, the portion of the principal amount of that Note that is to be redeemed; (7viii) if any Note is to be redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion part will be issued; (ix) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Notes being redeemed; and (8) if any Note contains a CUSIP or CINS number, x) that no representation is being made as to the correctness or accuracy of the CUSIP number or CINS number either as number, or “common number” listed in such notice or printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption pursuant to this Section 3.03 is sent mailed to the Holders, Notes called for redemption become due and payable on the redemption date and at the redemption price on stated in the redemption date, and upon notice. Upon surrender of the Notes called for redemptionto any Paying Agent, the Company Issuers shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest; 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 and Additional Interest, if any, 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. Upon surrender of any Note redeemed in part, the Holder holder will receive a new Note note equal in principal amount to the unredeemed portion of the surrendered Note. (d) Any notice of any redemption may be given prior to the redemption thereof. Notice of any redemption upon any Equity Offering or in connection with a transaction (or series of related transactions) that constitutes a Change of Control may be given prior to the redemption thereof, and any such redemption or notice may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Equity Offering or Change of Control, as the case may be.

Appears in 2 contracts

Sources: Indenture (Graham Packaging Holdings Co), Indenture (Graham Packaging Holdings Co)

Method and Effect of Redemption. (a) If the Company elects to redeem any Notes, it must notify the Trustee of the redemption date and date, the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 15 days before prior to the redemption date of the mailing of the notice (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem any Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate to the Trustee at least 60 15 days before prior to the redemption date of the mailing of the notice (unless a shorter period is satisfactory to the Trustee in the sole determination of the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair deems appropriate, in denominations of $1,000 principal amount and appropriate. No Note multiples thereof, provided that no Notes of $2,000 in principal amount or less shall will be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestrequest (the Company to provide or cause to be provided to the Trustee such information to be included in such notice five (5) days prior to such notice being sent to Holders, unless a shorter period is satisfactory to the Trustee, in the sole determination of the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date Redemption Date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in accordance with DTC’ s applicable procedures, in minimum denominations of $2,000 in and multiples of $1,000 principal amount in excess thereof (provided that no Notes in denominations of $2,000 or less shall may be redeemed in part) and, in respect of Global Notes, in accordance with the procedures of DTC (subject to adjustments so that no Note in an unauthorized denomination remains outstanding). The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by first class mail (or delivered electronically in the case of Global Notes held by DTC) by the Company or at the Company’s ’ s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the Redemption Date, except that a notice of redemption date (except may be sent more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture)Indenture in accordance with the provisions of Article 8. (b) The notice of redemption will identify the Notes (including CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption dateRedemption Date; (2) the redemption price, including the portion thereof representing any accrued and unpaid interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date Redemption Date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and; (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes; and (8) whether the notice is conditional and what conditions shall occur prior to the Redemption Date. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption dateRedemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption dateRedemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture, Indenture

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 not less than 15 days nor more than 90 days before the redemption date (unless a shorter period is satisfactory to the Trustee)date. If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed for redemption (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, (2) if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No , in each case in denominations of $1,000 principal amount; provided that no Note in a principal amount of $2,000 shall be redeemed in part and no new Notes in a principal amount of $2,000 or less shall be redeemed issued in connection with any redemption in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 90 days before the redemption date (date, except in connection with satisfaction and discharge or defeasance under this Indenture)where DTC requires a longer period. (b) The notice of redemption will identify the Notes (including the CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed pro rata, or as nearly a pro rata basis as is practicable (subject to the procedures of DTC), unless such method is otherwise prohibited, in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangecase, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company Issuer or at the Company’s Issuer's request, by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interestinterest or Liquidated Damages; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Century California, LLC), Indenture (Century Aluminum Co)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date Redemption Date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate in minimum denominations of $2,000 in and multiples of $1,000 principal amount in excess thereof (provided that no Notes in denominations of $2,000 or less shall may be redeemed in part) and, in respect of Global Notes, in accordance with the procedures of DTC (subject to adjustments so that no Note in an unauthorized denomination remains outstanding). The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by first class mail (or delivered electronically in the case of Global Notes held by DTC) by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the Redemption Date, except that a notice of redemption date (except may be sent more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture)Indenture in accordance with the provisions of Article 8. (b) The notice of redemption will identify the Notes (including CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption dateRedemption Date; (2) the redemption price, including the portion thereof representing any accrued and unpaid interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date Redemption Date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption dateRedemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption dateRedemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture, Indenture (Seagate Technology PLC)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee in writing of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 10 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed, or, ; or (2) if the Notes are not listed on a national securities exchange, on a pro rata basis (based on amounts tendered), by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1.00 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Any notice of redemption must be sent by first-class mail by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemptionredemption and payment of the redemption price; (4) that Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the portion of the principal amount of such Note to be redeemed; (7) if any Note is redeemed in part, on and that after the redemption date, upon surrender of such Note, new Notes of like series equal in principal amount to the unredeemed portion thereof will be issued; and; (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed number; (8) interest on any Note not redeemed will continue to accrue; and (9) the paragraph of the Notes or as contained in and Section of this Indenture pursuant to which the notice of Notes called for redemption and that the Holder should rely only on the other identification numbers printed on the Notesare being redeemed. (c) Once a notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the any Notes called for redemption, the Company shall redeem such Notes at the applicable redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note of like series equal in principal amount to the unredeemed portion of the surrendered Note. (d) The Company may acquire Notes by means other than a redemption, whether by tender offer, open market purchases, negotiated transactions or otherwise, in accordance with applicable securities laws, so long as such acquisitions do not otherwise violate the terms of this Indenture.

Appears in 2 contracts

Sources: Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler LTD)

Method and Effect of Redemption. (a) If the Company elects Issuers elect to redeem NotesNotes pursuant to paragraph 4 thereof, it the Issuers must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed on a pro rata basis or by lot in compliance accordance with the requirements of the principal national securities exchangeApplicable Procedures, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note denominations of $2,000 in principal amount or less shall be redeemed any integral multiple of $1,000 in partexcess thereof. The Trustee will notify the Company Issuers promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be mailed by first-class mail (or sent by electronic transmission in the Company or case of Notes held in book entry form) by the Issuers or, at the Company’s Issuers’ request, by the Trustee in the name and at the expense of the Company, Issuers to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date; provided, however, that the Issuers shall have delivered to the Trustee, at least 45 days prior to the redemption date (except unless a shorter period shall be satisfactory to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice together with the notice to be given setting forth the information to be stated therein as provided in connection with satisfaction and discharge or defeasance under Section 3.02(b) of this Indenture). Subject to clause (d) below, notices of redemption may not be conditional. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date, and whether the redemption is subject to any conditions, which shall be stated in reasonable detail; (2ii) the redemption price, including the portion thereof representing any accrued interest, if any; (3iii) the place or places where Notes are to be surrendered for redemption; redemption (4) Notes called for redemption must be so surrendered in order to collect the redemption price); (5iv) that on the redemption date date, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6v) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, the portion of the principal amount thereof to be redeemed, and that on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vi) if any Note contains a CUSIP number or CINS numberISIN, no representation is being made as to the correctness of the CUSIP number or CINS number ISIN either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuers shall redeem such Notes at the redemption price, subject to any conditions applicable thereto. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (d) Notwithstanding the foregoing provisions of this Section 3.02, any notice of redemption in connection with (i) any securities offering or any other financing or (ii) a transaction (or series of related transactions) that constitutes a Change of Control, may, at the Issuers’ discretion, be given prior to the completion thereof and be subject to one or more conditions precedent, including completion of the related securities offering, financing or Change of Control. If any such condition precedent has not been satisfied, the Company will provide notice to the Trustee not less than two Business Days prior to the redemption date that such condition precedent has not been satisfied, the notice of redemption is rescinded or delayed and the redemption subject to the satisfaction of such condition precedent shall not occur or shall be delayed. The Trustee shall promptly send a copy of such notice to the Holders of the Notes.

Appears in 2 contracts

Sources: Indenture (Shea Homes Limited Partnership), Indenture (Shea Homes Limited Partnership)

Method and Effect of Redemption. (a) Any redemption at the option of the Company or notice thereof may, at the Company’s discretion, be subject to one or more conditions precedent. If the Company elects to redeem Notes, it must notify the Trustee in writing of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of . (1) if the Notes are being redeemedlisted, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed, or, ; or (2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note Notes of less than $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must shall be sent mailed by the Company first class mail, or at the Company’s requestdelivered electronically if held by DTC, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (to each Holder of the Notes to be redeemed at its registered address, except that redemption notices may be delivered more than 60 days prior to the redemption date if the notice is issued in connection with the defeasance of the Notes or a satisfaction and discharge or defeasance under this of the Indenture). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where the Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) interest on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the portion of the principal amount of the Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and; (8) 7) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes; and (8) if the redemption is subject to the satisfaction of one or more conditions precedent, the notice thereof shall describe each such condition and, if applicable, shall state that, in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied (or waived by the Company in its sole discretion), 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 Company in 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 Company if the Company determines in its sole discretion that any or all of such conditions will not be satisfied (or waived). (c) Once notice of redemption is sent to the Holders, subject to any conditions specified in such notice of redemption, the Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on On and after the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be mailed or sent electronically by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the applicable Redemption Date, except where DTC requires a longer period and except that notice of redemption date (except may be mailed or sent electronically more than 60 days before the applicable Redemption Date if such notice is issued in connection with a defeasance of such Notes pursuant to Section 8.02 or 8.06 of the Base Indenture or a satisfaction and discharge of such Notes pursuant to Section 8.01 of the Base Indenture. If the Trustee is asked to give notice of redemption to Holders, the Company shall deliver an Officers’ Certificate relating thereto no later than two Business Days (or defeasance under this Indenture)such shorter time as the Trustee may agree in its sole discretion) before the sending or mailing of such notice; provided that the Trustee may also waive prior delivery of the Officers’ Certificate and any such advance communication to the Trustee of the redemption notice in the Trustee’s sole and absolute discretion. For the avoidance of doubt, the delivery of such Officers’ Certificate and any communication between the Company and the Trustee in connection therewith shall not be disclosed to any Holder or otherwise by the Trustee (except to its legal counsel) before the mailing or sending of notice of redemption without the prior written consent of the Company. If fewer than all of the Notes are being redeemed, the Officers’ Certificate must also specify a record date not less than 10 days after the date of the notice of redemption is given to the Trustee, and the Notes shall be selected for redemption in accordance with the applicable procedures of the Depositary; provided that no Note in a principal amount of $2,000 shall be redeemed in part and no new Notes in a principal amount of $2,000 or less shall be issued in connection with any redemption in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. (b) The notice of redemption will identify the Notes (including the CUSIP numbers) to be redeemed and will include or state the following: (1i) the redemption dateRedemption Date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where such Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date Redemption Date, the redemption price Redemption Price will become due and payable on any Notes called for redemption, and interest on such Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the such Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the such Notes. (c) Once notice of redemption is sent to the HoldersHolders of Notes, such Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption daterelevant Redemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption pricesuch Redemption Price. Commencing on the redemption daterelevant Redemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note Notes, equal in principal amount to the unredeemed portion of the surrendered Note. (d) If any Redemption Date for the Notes is after a Regular Record Date and on or prior to the next succeeding Interest Payment Date for such Notes, the holders of record of Notes shall receive such interest, and no such interest will be payable as part of the Redemption Price. On and after any Redemption Date for any Notes, interest will cease to accrue on such Notes. (e) In connection with any redemption hereunder pursuant to Section 4.02, the Company shall, if applicable, obtain the Treasury Rate and calculate the Redemption Price.

Appears in 2 contracts

Sources: Second Supplemental Indenture (E Trade Financial Corp), First Supplemental Indenture (E Trade Financial Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes pursuant to Section 3.01 or Section 4.14(f), it must notify shall furnish to the Trustee, at least two Business Days (or such shorter period as the Trustee may agree) before the notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to Section 3.01 or Section 4.14(f), an Officers’ Certificate setting forth (i) the paragraph or subparagraph of such Note and/or Section of this Indenture pursuant to which the redemption date and shall occur, (ii) the redemption date, (iii) the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with and (iv) the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice redemption price. (b) Notices of redemption must be sent delivered or mailed by the Company or or, at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 ten days but not more than 60 days before the redemption date (to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with the procedures of the Depositary, except that, notwithstanding Section 3.01 and Section 4.14(f), redemption notices may be delivered or mailed more than 60 days prior to a redemption date if the notice is issued in connection with satisfaction and discharge Article 8 or defeasance under this Indenture)Article 11 hereof. (bc) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemptionname and address of the Paying Agent; (4) Notes called for redemption must be so surrendered to the Paying Agent in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and or after the redemption date, upon surrender of such NoteNote for cancellation, a new Notes Note equal in principal amount to the unredeemed portion of the original Note will be issuedissued in the name of the Holder upon cancellation of the original Note; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (cd) If fewer than all of the Notes are being redeemed, selection of the Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed and in such manner as complies with applicable legal requirements and, in the case of Global Notes, the procedures of the Depositary; provided that the selection of Notes for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000. In the event of partial redemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than ten nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will notify the Company promptly of the Notes or portions of Notes selected for redemption, and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. (e) Once notice of redemption is sent delivered or mailed to the HoldersHolders in accordance with Section 3.03(b), Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price, subject in each case to the satisfaction or waiver of any conditions to such redemption set forth in the notice of redemption in the case of a conditional redemption pursuant to Section 3.01(g). Commencing on the redemption date, Notes redeemed will cease to accrue interest. A notice of redemption, if delivered or mailed 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 deliver or mail a notice of redemption 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. Upon surrender of any Note redeemed in partpart to the Trustee for cancellation, the Trustee will promptly authenticate and mail (or cause to be transferred by book entry) to the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note; provided that each such new Note shall be in a principal amount of $2,000 or integral multiples of $1,000 in excess thereof. It is understood that, notwithstanding anything in this Indenture to the contrary, only an Authentication Order and not an Opinion of Counsel or Officers’ Certificate is required for the Trustee to authenticate such new Note.

Appears in 2 contracts

Sources: Indenture (Viasat Inc), Indenture (Viasat Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notesany Notes of any series, it must notify the Trustee of the redemption date date, the series and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 15 days before prior to the redemption date of the mailing of the notice (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes of any series are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes of such series to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or and multiples thereof, provided that no Notes of less shall than $2,000 may be redeemed in part. The Trustee will notify the Company promptly of the Notes of such series or portions of Notes of such series to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestrequest (the Company to provide or cause to be provided to the Trustee such information to be included in such notice five (5) days prior to such notice being sent to Holders, unless a shorter period is satisfactory to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date, unless the Company defaults in the deposit of the Redemption Price; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes of such series equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption date, Notes redeemed will cease to accrue interest, unless the Company defaults in the deposit of the Redemption Price. Upon surrender of any Note redeemed in part, the Holder will receive a new Note of such series equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (DPL Inc), Indenture (Aes Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 30 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If In the event that the Company chooses to redeem less than all of the Notes are being redeemed, subject to DTC proceduresNotes, the Trustee will select Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is given to the Trustee, and selection of the Notes to for redemption will be redeemed made by the Trustee either: (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, ; or, if the Notes are not listed , (2) on a national securities exchangepro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note Notes of a principal amount of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. If a partial redemption is made with the proceeds of an Equity Offering, the Trustee will select the Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures) unless such method is otherwise prohibited. Notice of redemption must will be sent mailed by the Company Company, or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed by first-class mail at least 30 days but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address; provided, however, that at least 45 days notice must be provided to the Trustee if the Company requests the Trustee to conduct such mailing (except unless a shorter period is agreed to by the Trustee). Unless the Company defaults in connection with satisfaction the payment of the redemption price, on and discharge after the redemption date, interest will cease to accrue on Notes or defeasance under this Indenture)portions thereof called for redemption. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Tarantula Ventures LLC), Indenture (Dupont Fabros Technology, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date Redemption Date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate in minimum denominations of $2,000 in and multiples of $1,000 principal amount in excess thereof (provided that no Notes in denominations of $2,000 or less shall may be redeemed in part) and, in respect of Global Notes, in accordance with the procedures of DTC (subject to adjustments so that no Note in an unauthorized denomination remains outstanding). The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by first class mail (or delivered electronically in the case of Global Notes held by DTC) by the Company or at the Company’s ’ s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the Redemption Date, except that a notice of redemption date (except may be sent more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture)Indenture in accordance with the provisions of Article 8. (b) The notice of redemption will identify the Notes (including CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption dateRedemption Date; (2) the redemption price, including the portion thereof representing any accrued and unpaid interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date Redemption Date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption dateRedemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption dateRedemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture, Indenture

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 10 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than five days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in accordance with the procedures of the Depositary, in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company Issuer or at the CompanyIssuer’s requestprior written request (not less than two Business Days prior to the date notice is to be given, unless a shorter period is acceptable to the Trustee), by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption datedate and any conditions to such redemption; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date date, subject to satisfaction of any conditions specified therein, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Debt, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a corporate transaction or other event. For the avoidance of doubt, (1) if any redemption date shall be delayed as contemplated by this Section 3.03 and the terms of the applicable notice of redemption, such redemption date as so delayed may occur at any time after the original redemption date set forth in the applicable notice of redemption and after the satisfaction of any applicable conditions precedent, including, but not limited to, on a date that is less than 10 days after the original redemption date or more than 60 days after the date of the applicable notice of redemption and (2) any such redemption may not occur and such notice of redemption may be rescinded in the event any or all such conditions shall not have been satisfied by the redemption date or by any delayed redemption date. To the extent that the redemption date will occur on a date other than the original redemption date set forth in the applicable notice of redemption, the Issuer shall notify the Holders and the Trustee of the final redemption date prior to such date; provided that the failure to give such notice, or any defect therein, shall not impair or affect the validity of any redemption under this Article 3. (d) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption datedate except as provided in Section 3.03(c), and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Mr. Cooper Group Inc.), Indenture (Home Point Capital Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 10 days before the notice of redemption date required pursuant to this Section 3.03(a) is sent to Holders (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is sent to DTC proceduresHolders, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate (or, in the case of Notes represented by Global Notes, in such manner as DTC may require), in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that a redemption notice may be sent more than 60 days prior to a redemption date (except if it is issued in connection with satisfaction a discharge of the Company’s obligations under the Notes and discharge or defeasance under this Indenture)Indenture pursuant to Section 8.01. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including if then determinable, and otherwise the portion thereof representing any accrued interestmethod of determining the redemption price; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes of like terms and tenor equal in principal amount to the unredeemed portion will be issued; and; (8) 7) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes; and (8) the Conversion Rate and Conversion Price in effect on the date of the notice of redemption and that a Holder who elects to convert all or a portion of its Notes in lieu of redemption must submit a Conversion Notice with respect to such Notes being converted on or before the close of business on the Business Day immediately preceding the redemption date. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, together with interest accrued thereon to the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price, together with interest accrued thereon to the redemption date. Commencing on the redemption date, if funds are deposited by the Company to pay the redemption price for the Notes as provided herein, together with interest accrued thereon to the redemption date, the Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note of like terms and tenor equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed shall be selected in accordance with applicable DTC procedures (subject to compliance with the requirements rules of the principal national any securities exchange, if any, exchange on which the Notes are of such series may be listed, or, if the ). Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in partdenominations of $2,000 principal amount or any multiple of $1,000 in excess thereof. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or Issuer or, at the CompanyIssuer’s request, by the Trustee in the name and at the expense of the Company, Issuer to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction date. Notices of any redemption may be given prior to the completion thereof, and discharge may, at the Issuer’s discretion, be subject to one or defeasance under this Indenture)more conditions precedent, including, but not limited to, completion of a related Equity Offering. (b) The notice of redemption will shall identify the Notes to be redeemed and will shall include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest, if any; (3iii) the place or places where Notes are to be surrendered for redemption; redemption (4) Notes called for redemption must be so surrendered in order to collect the redemption price); (5iv) that on the redemption date date, the redemption price will shall become due and payable on Notes called for redemption, and interest on Notes called for redemption will shall cease to accrue on and after the redemption date; (6v) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, the portion of the principal amount thereof to be redeemed, and that on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will shall be issued; and (8) vi) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will shall cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will shall receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem the Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of such Notes to be redeemed by delivering an Officers’ Certificate at least 60 not less than 15 days nor more than 90 days before the redemption date (unless a shorter period is satisfactory to the Trustee)Redemption Date. If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, the Trustee will select and the Notes to shall be selected for redemption by lot or otherwise in accordance with the applicable procedures of the Depositary, in each case in denominations of $1,000 principal amount; provided that no Note in a principal amount of $2,000 shall be redeemed in compliance with the requirements of the part and no new Notes in a principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note amount of $2,000 in principal amount or less shall be redeemed issued in connection with any redemption in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 90 days before the redemption date (applicable Redemption Date, except in connection with satisfaction and discharge or defeasance under this Indenture)where DTC requires a longer period. (b) The notice of redemption will identify the Notes (including the CUSIP numbers) to be redeemed and will include or state the following: (1i) the redemption dateRedemption Date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where such Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date Redemption Date, the redemption price Redemption Price will become due and payable on any Notes called for redemption, and interest on such Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the such Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the such Notes. (c) Once notice of redemption is sent to the HoldersHolders of Notes, such Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption daterelevant Redemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption pricesuch Redemption Price. Commencing on the redemption daterelevant Redemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note Notes, equal in principal amount to the unredeemed portion of the surrendered Note. (d) Notice of any redemption of Notes described herein, whether in connection with a sale of the Company’s Capital Stock or otherwise, may be given prior to such redemption, and any such redemption or notice may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related sale of the Company’s Capital Stock. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such notice of redemption shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the Redemption Date may be delayed until such time as any or all such conditions shall be satisfied (or waived by the Company in 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 Company in its sole discretion) by the Redemption Date as stated in such notice, or by the Redemption Date as so delayed. (e) If any Redemption Date for the Notes is after a Regular Record Date and on or prior to the next succeeding Interest Payment Date for such Notes, the holders of record of Notes shall receive such interest, and no such interest will be payable as part of the Redemption Price. (f) In connection with any redemption hereunder pursuant to Section 4.02, the Company shall obtain the Treasury Rate, calculate the Applicable Premium and calculate the Redemption Price.

Appears in 2 contracts

Sources: Third Supplemental Indenture (E TRADE FINANCIAL Corp), Second Supplemental Indenture (E TRADE FINANCIAL Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee in writing of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 30 days but no more than 60 days before the redemption date (unless a shorter period is satisfactory to agreed in writing by the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand integral multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by first-class mail by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders the registered address of each Holder whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction date. For so long as the Notes are listed and discharge or defeasance under this Indenture)admitted for trading on the Euro MTF of the Luxembourg Stock Exchange, and to the extent the rules of the Luxembourg Stock Exchange so require, the Company will provide a copy of any such notice to the Luxembourg Stock Exchange. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 15 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed shall be selected in accordance with applicable DTC procedures (subject to compliance with the requirements rules of the principal national any securities exchange, if any, exchange on which the Notes are may be listed, or, if the ). Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in partdenominations of $2,000 principal amount or any multiple of $1,000 in excess thereof. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent delivered electronically or mailed by first-class mail, postage prepaid, by the Company or Issuer or, at the CompanyIssuer’s request, by the Trustee in the name and at the expense of the Company, Issuer to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the redemption date (at such Holder’s registered address or otherwise in accordance with the procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of the Indenture. Notices of any redemption may be given prior to the completion thereof, and may, at the Issuer’s discretion, be subject to one or defeasance under this Indenture)more conditions precedent, including, but not limited to, completion of an Equity Offering, another offering or another transaction or event. (b) The notice of redemption will shall identify the Notes to be redeemed and will shall include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest, if any; (3iii) the place or places where Notes are to be surrendered for redemption; redemption (4) Notes called for redemption must be so surrendered in order to collect the redemption price); (5iv) that on the redemption date date, the redemption price will shall become due and payable on Notes called for redemption, and interest on Notes called for redemption will shall cease to accrue on and after the redemption date; (6v) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, the portion of the principal amount thereof to be redeemed, and that on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will shall be issued; and; (8) vi) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes; and (vii) if such redemption 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 Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be 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 by the redemption date, or by the redemption date as so delayed. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption datedate (subject to any conditions specified in such notice), and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will shall cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will shall receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (d) The Company and its Affiliates may acquire Notes by means other than a redemption, whether by tender offer, open market purchases, negotiated transactions or otherwise, in accordance with applicable securities laws, so long as such acquisition does not otherwise violate the terms of this Indenture.

Appears in 2 contracts

Sources: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee in the sole discretion of the Trustee). If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee (or Registrar if other than the Trustee) will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as required by the Trustee Depositary, in its sole discretion shall deem to be fair and appropriate. No Note denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Any notice of redemption may, at the Company’s discretion, be subject to one or more conditions precedent relating to consummation of any related Equity Offering, securities offering or other financing transaction the proceeds of which will be used to redeem the Notes. The Company may provide in such notice that payment of the redemption price and the performance of the Company’s obligations with respect to such redemption may be performed by another Person; provided that the Company shall not be released from its obligations thereby. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount equal to the unredeemed portion of the surrendered Note.

Appears in 2 contracts

Sources: Indenture (Aci Worldwide, Inc.), Indenture (Aci Worldwide, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, a pro rata basis (or, if in the Notes are not listed on a national securities exchangecase of Global Notes, by lot or by such other method as the Trustee will select Notes for redemption based on the Depositary’s required method), unless otherwise required by law or applicable stock exchange requirements. Notes redeemed in its sole discretion shall deem to part must be fair and appropriate. No Note redeemed in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000 (subject to the procedures of the Depositary). The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except notices of redemption may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under this of the Indenture). (ba) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including to the portion thereof representing any accrued interestextent calculable; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, unless the redemption is subject to a condition precedent that is not satisfied or waived, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is conditions precedent to be redeemed in part only, the portion of the principal amount to be redeemed;redemption (7) if any Note is redeemed in part, the portion of the principal amount of such Note to be redeemed and that, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (b) The notice of redemption with respect to the redemption pursuant to Section 3.01 need not set forth the Make-Whole Price but only the manner of calculation thereof. The Company will notify the Trustee of the Make-Whole Price with respect to any redemption promptly after the calculation, and the Trustee shall not be responsible for such calculation. (c) Any such redemption or notice of redemption may, at the Company’s discretion, be subject to one or more conditions precedent, including, in the case of a redemption with the net cash proceeds of an Equity Offering, completion of the such Equity Offering. Notice of any redemption upon the completion of an Equity Offering may be given prior to the completion of such Equity Offering. (d) At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date (or such shorter period of time as may be acceptable to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in this Section. (e) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption datedate unless the redemption is subject to a condition precedent that is not satisfied or waived, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (f) Unless the Company defaults in the payment of the redemption price, interest, if any, will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.

Appears in 1 contract

Sources: Indenture (SYNERGY RESOURCES Corp)

Method and Effect of Redemption. (a) If the The Company elects to redeem Notes, it must notify the Trustee will send notice of the any redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date to each registered Holder of the Notes to be redeemed at its registered address and no less than five (except 5) Business Days prior to giving such notice to Holders the Company shall deliver to the Trustee an Officers’ Certificate (that conforms to Section 11.04 and Section 11.05 hereof) that notifies the Trustee of such redemption (which five Business Day period the trustee may waive in connection with satisfaction its sole discretion). Once notice of redemption is sent, the Notes called for redemption will become due and discharge or defeasance under this Indenture)payable on the redemption date at the applicable redemption price, plus accrued and unpaid interest applicable to such Notes to, but excluding, the redemption date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the notice of redemption that relates to such Note shall state the portion of the principal amount of that Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender and cancellation of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice Notice of any redemption is sent in connection with any Equity Offering or other securities offering or financing, or in connection with a transaction (or series of related transactions) that constitute a Change of Control, may, at the Company’s discretion, be given prior to the Holderscompletion thereof and be subject to one or more conditions precedent, Notes called for including, but not limited to, completion of the related Equity Offering, securities offering, financing or Change of Control. In addition, if such redemption become due and payable at or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption price on date may be delayed until such time as any or all such conditions shall be 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 by the redemption date, or by the redemption date so delayed. In addition, the Company may provide in such notice that payment of the redemption price and upon surrender performance of the Company’s obligations with respect to such redemption may be performed by another Person. (d) On and after the redemption date, interest will cease to accrue on the Notes or any portion of the Notes called for redemption, redemption (unless the Company shall redeem such Notes at defaults in the payment of the redemption priceprice and accrued and unpaid interest). Commencing on On or before the redemption date, the Company will deposit with a Paying Agent (or the Trustee) money sufficient to pay the redemption price of and accrued and unpaid interest on the Notes to be redeemed will cease on that date. If fewer than all of the Notes are to accrue interestbe redeemed, the Notes to be redeemed shall be selected in accordance with DTC’s applicable procedures, in the case of Global Notes, or by the Trustee on a pro rata basis, by lot or by such method the Trustee deems to be fair and appropriate, in the case of Notes that are not Global Notes. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Enova International, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 not less than 35 days nor more than 90 days before the redemption date (unless a shorter period is satisfactory to the Trustee)date. If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed for redemption (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, or (2) if the Notes are not listed on a national securities exchange, by lot lot, at random, or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note , in each case in denominations of $2,000 in principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (date, except in connection with satisfaction and discharge or defeasance under this Indenture)where DTC requires a longer period. (b) The notice of redemption will identify the Notes (including the CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing If moneys to pay the redemption price are on deposit with a Paying Agent as provided in this Indenture, commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Penson Worldwide Inc)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed pro rata, or as nearly a pro rata basis as is practicable (subject to the procedures of DTC), unless such method is otherwise prohibited, in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangecase, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall be redeemed any multiple of $1,000 in partexcess thereof (and in any multiple of $1.00 principal amount in excess of $2,000 principal amount or any multiple of $1,000 principal amount, if the Issuer has elected to issue Notes in such denominations pursuant to Section 2.02). The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or Issuer or, at the CompanyIssuer’s request, by the Trustee in the name and at the expense of the Company, Issuer to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. Notices of redemption may not be conditional. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interestinterest or Additional Interest, if any; (3iii) the place or places where Notes are to be surrendered for redemption; redemption (4) Notes called for redemption must be so surrendered in order to collect the redemption price); (5iv) that on the redemption date date, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6v) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, the portion of the principal amount thereof to be redeemed, and that on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vi) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes pursuant to Section 3.01 or Section 4.14(f), it must notify shall furnish to the Trustee, at least two Business Days (or such shorter period as the Trustee may agree) before the notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to Section 3.01 or Section 4.14(f), an Officer’s Certificate setting forth (i) the paragraph or subparagraph of such Note and/or Section of this Indenture pursuant to which the redemption date and shall occur, (ii) the redemption date, (iii) the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with and (iv) the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice redemption price. (b) Notices of redemption must be sent delivered or mailed by the Company or or, at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 ten days but not more than 60 days before the redemption date (to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with the procedures of the Depositary, except that, notwithstanding Section 3.01 and Section 4.14(f), redemption notices may be delivered or mailed more than 60 days prior to a redemption date if the notice is issued in connection with satisfaction and discharge Article 8 or defeasance under this Indenture)Article 11 hereof. (bc) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemptionname and address of the Paying Agent; (4) Notes called for redemption must be so surrendered to the Paying Agent in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and or after the redemption date, upon surrender of such NoteNote for cancellation, a new Notes Note equal in principal amount to the unredeemed portion of the original Note will be issuedissued in the name of the Holder upon cancellation of the original Note; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (cd) If fewer than all of the Notes are being redeemed, selection of the Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed and in such manner as complies with applicable legal requirements and, in the case of Global Notes, the procedures of the Depositary; provided that the selection of Notes for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000. In the event of partial redemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than ten nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will notify the Company promptly of the Notes or portions of Notes selected for redemption, and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. (e) Once notice of redemption is sent delivered or mailed to the HoldersHolders in accordance with Section 3.03(b), Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price, subject in each case to the satisfaction or waiver of any conditions to such redemption set forth in the notice of redemption in the case of a conditional redemption pursuant to Section 3.01(g). Commencing on the redemption date, Notes redeemed will cease to accrue interest. A notice of redemption, if delivered or mailed 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 deliver or mail a notice of redemption 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. Upon surrender of any Note redeemed in partpart to the Trustee for cancellation, the Trustee will promptly authenticate and mail (or cause to be transferred by book entry) to the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note; provided that each such new Note shall be in a principal amount of $2,000 or integral multiples of $1,000 in excess thereof. It is understood that, notwithstanding anything in this Indenture to the contrary, only an Authentication Order and not an Opinion of Counsel or Officer’s Certificate is required for the Trustee to authenticate such new Note.

Appears in 1 contract

Sources: Indenture (Viasat Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes of a series, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee)) except as set forth in Section 3.03 and Section 3.04, such Officers’ Certificate to state that all conditions precedent provided for in the Indenture to such redemption have been complied with. If less fewer than all of the Notes of a series are being redeemed, subject to DTC procedures, the Trustee will select the Notes of such series to be redeemed in compliance with redeemed, no later than 30 days prior to the requirements of the principal national securities exchangeredemption date, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall and higher integral multiples of $1,000; provided, that the unredeemed portion of a Note must be redeemed in parta minimum principal amount of $2,000. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Except as provided in Section 3.03 and Section 3.04, notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except date. At the Company’s request in connection with satisfaction an optional redemption, the Trustee shall give the notice of redemption in the Company’s name and discharge at its expense; provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date (or defeasance under this Indenturesuch shorter period as may be acceptable to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in Section 3.05(b). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, or if not then ascertainable, the manner of calculation thereof, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest; provided, that the Company has not defaulted in depositing the redemption price in accordance with the provisions hereof. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Huntington Ingalls Industries, Inc.)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed pro rata, or as nearly a pro rata basis as is practicable (subject to the procedures of DTC), unless such method is otherwise prohibited, in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangecase, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall be redeemed any multiple of $1,000 in partexcess thereof. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or Issuer or, at the CompanyIssuer’s request, by the Trustee in the name and at the expense of the Company, Issuer to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. Notices of redemption may not be conditional. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interestinterest or Additional Interest, if any; (3iii) the place or places where Notes are to be surrendered for redemption; redemption (4) Notes called for redemption must be so surrendered in order to collect the redemption price); (5iv) that on the redemption date date, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6v) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) that if any Note is redeemed in part, the portion of the principal amount thereof to be redeemed, and that on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vi) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee in writing of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of . (1) if the Notes are being redeemedlisted, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed, or, ; or (2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note Notes of $2,000 in principal amount or less than €100,000 shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must shall be sent mailed by the Company first class mail, or at the Company’s requestdelivered electronically if held by Clearstream or Euroclear, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (to each Holder of the Notes to be redeemed at its registered address, except that redemption notices may be delivered more than 60 days prior to the redemption date if the notice is issued in connection with the defeasance of the Notes or a satisfaction and discharge or defeasance under this of the Indenture). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where the Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on the Notes called for redemption, and interest on the Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the portion of the principal amount of the Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP CUSIP, ISIN or CINS Common Code number, no representation is being made as to the correctness of the CUSIP CUSIP, ISIN or CINS Common Code number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, the Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on On and after the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (d) So long as any Notes are listed on the Official List of the Irish Stock Exchange and admitted for trading on the Global Exchange Market and the rules of the Irish Stock Exchange so require, any such notice to the holders of the relevant Notes shall to the extent and in the manner permitted by such rules be posted on the official website of the Irish Stock Exchange (▇▇▇.▇▇▇.▇▇) through the Irish Stock Exchange’s online portal, ISEdirect (▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇).

Appears in 1 contract

Sources: Indenture (SB/RH Holdings, LLC)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 10 days before the notice of redemption date required pursuant to this Section 3.03(a) is sent to Holders (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is sent to DTC proceduresHolders, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate (or, in the case of Notes represented by Global Notes, in such manner as DTC may require), in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 15 days but not more than 60 days before the redemption date, except that a redemption notice may be sent more than 60 days prior to a redemption date (except if it is issued in connection with satisfaction a discharge of the Company’s obligations under the Notes and discharge this Indenture pursuant to Section 8.01 or a defeasance under this Indenture)pursuant to Section 8.02 or 8.03. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including if then determinable, and otherwise the portion thereof representing any accrued interestmethod of determining the redemption price; (3) the place or places name and address of the Paying Agent where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) if such 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 Company’s 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 Company’s discretion if in the good faith judgment of the Company any or all of such conditions will not be satisfied; (6) subject to any condition precedent contained in such notice, on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (67) if any Note is fewer than all the outstanding Notes are to be redeemed in part onlyredeemed, the portion identification and principal amounts of the principal amount particular Notes to be redeemed; (7) 8) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes of like terms and tenor equal in principal amount to the unredeemed portion will be issued; and; (8) 9) that, unless the Company defaults in making such redemption payment, interest on Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (10) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes; and (11) that payment of the redemption price and performance of the Company’s obligations with respect to such redemption may be performed by another Person. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, subject to any condition precedent contained in such notice, together with interest accrued thereon to the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price, together with interest accrued thereon to the redemption date. Commencing on the redemption date, if funds are deposited by the Company to pay the redemption price for the Notes as provided herein, together with interest accrued thereon to the redemption date, the Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note of like terms and tenor equal in principal amount to the unredeemed portion of the surrendered Note. The Trustee shall notify the Registrar of the issuance of such new Note.

Appears in 1 contract

Sources: Indenture (Sandridge Energy Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes of any series pursuant to the optional redemption provisions (if any) thereof, it must notify the Trustee of the redemption date date, the redemption price and the principal amount of Notes of that series to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. If less fewer than all of the Notes of any series are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes of such series to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will shall notify the Company promptly in writing of the Notes or portions of Notes to be called for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Except as otherwise provided as to any particular series of Notes, Notes and portions thereof that the Trustee selects shall be in amounts equal to the minimum authorized denomination for Notes of the series to be redeemed or any integral multiple thereof, except that if all of the Notes of the series are to be redeemed, the entire outstanding amount of the Notes of the series held by such Holder, even if not equal to the minimum authorized denomination for the Notes of that series, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. (b) Notice of redemption must be sent mailed by First-class mail by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture). (b) date. The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption priceprice fixed in accordance with the terms of the Notes of the series to be redeemed, including the portion thereof representing any plus accrued interest, if any, to the date fixed for redemption (the "REDEMPTION PRICE"); (3) the place or places where Notes are to be surrendered to the Paying Agent for redemption; (4) that Notes called for redemption must be so surrendered to the Paying Agent in order to collect the redemption price; (5) that, on the redemption date date, the redemption price will become due and payable on Notes called for redemption, and and, unless the Company defaults in payment of the redemption price, interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is redeemed in part, the principal amount of such Note to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in partand that, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issuedissued upon cancellation of the original Note; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Roadway Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 25 days before the redemption date (unless a shorter period is satisfactory to the Trustee), such Officers’ Certificate to state that all conditions precedent provided for in the Indenture to such redemption have been complied with. If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with redeemed, no later than 15 days prior to the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangeredemption date, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in principal amount and integral multiples of $1,000 in excess thereof; provided, that the unredeemed portion of a Note must be in a minimum principal amount of $2,000; and provided further, that if the Notes are represented by one or less shall more Global Notes, beneficial interests in the Notes will be redeemed selected for redemption by DTC in partaccordance with its standard procedures therefor. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 15 days but not more than 60 days before the redemption date (except date. At the Company’s request in connection with satisfaction an optional redemption, the Trustee shall give the notice of redemption in the Company’s name and discharge at its expense; provided, however, that the Company shall have delivered to the Trustee, at least 25 days prior to the redemption date (or defeasance under this Indenturesuch shorter period as may be acceptable to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in Section 3.03(b). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, or if not then ascertainable, the manner of calculation thereof, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest; provided, that the Company has not defaulted in depositing the redemption price in accordance with the provisions hereof. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Huntington Ingalls Industries, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 not less than 15 days nor more than 90 days before the redemption date (unless a shorter period is satisfactory to the Trustee)date. If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee and, in the event of a redemption pursuant to Section 3.03, the amount of Notes which are Puttable Notes, and the Trustee will select the Notes to be redeemed for redemption (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, (2) if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note , in each case in denominations of $2,000 in 1,000 principal amount and multiples thereof; provided that in the event of a redemption pursuant to Section 3.03, the Trustee shall apply the redemption price, first, to the redemption of the Puttable Notes, together with the accrued and unpaid interest thereon, pro rata among the Holders thereof, until no Puttable Notes remain outstanding and, second to the redemption of all other outstanding Notes in accordance with clause (1) or less shall be redeemed in part(2), as applicable, of this sentence. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 90 days before the redemption date (date, except in connection with satisfaction and discharge or defeasance under this Indenture)where DTC requires a longer period. (b) The notice of redemption will identify the Notes (including the CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (E Trade Financial Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 40 days before the redemption date (unless a shorter period is satisfactory to the Trustee), such Officers’ Certificate to state that all conditions precedent provided for in the Indenture to such redemption have been complied with. If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with redeemed, no later than 30 days prior to the requirements of the principal national securities exchangeredemption date, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount and higher integral multiples of $1,000; provided, that the unredeemed portion of a Note must be in a minimum principal amount of $2,000; and provided further, that if the Notes are represented by one or less shall more Global Notes, beneficial interests in the Notes will be redeemed selected for redemption by DTC in partaccordance with its standard procedures therefor. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except date. At the Company’s request in connection with satisfaction an optional redemption, the Trustee shall give the notice of redemption in the Company’s name and discharge at its expense; provided, however, that the Company shall have delivered to the Trustee, at least 40 days prior to the redemption date (or defeasance under this Indenturesuch shorter period as may be acceptable to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in Section 3.03(b). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, or if not then ascertainable, the manner of calculation thereof, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest; provided, that the Company has not defaulted in depositing the redemption price in accordance with the provisions hereof. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Huntington Ingalls Industries, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem the Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the TrusteeTrustee and except in the case of a redemption pursuant to Section 3.03). If less fewer than all of the Notes are being redeemed, subject the Officer’s Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and (i) if the Notes are Global Notes, the Notes to be redeemed will be selected by the Depositary in accordance with applicable procedures of the Depositary or (ii) if the Notes to be redeemed are not Global Notes, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangeredeemed, by lot lot, pro rata, or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall and multiples of $1,000 above that amount. If the Notes to be redeemed are not Global Notes and are selected in part. The accordance with clause (ii), the Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenturethe case of a redemption pursuant to Section 3.03). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption priceprice (or manner of calculation, if not then known), including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date date, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is conditions precedent to be redeemed in part only, the portion of the principal amount to be redeemedredemption; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. If the redemption price is not known at the time such notice is to be given, the actual redemption price, calculated as described in the terms of the Notes, will be set forth in an Officer’s Certificate of the Company delivered to the Trustee no later than two Business Days prior to the redemption date. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, unless the Company defaults in making such payment, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Molycorp, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or or, at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Allegheny Technologies Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee in the sole discretion of the Trustee). If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in Accreted Value and principal amount at maturity equal to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Digitalglobe Inc)

Method and Effect of Redemption. (a) If the The Company elects to redeem Notes, it must notify the Trustee will send notice of the any redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the redemption date to each registered Holder of the Notes to be redeemed at its registered address and no less than five (except 5) Business Days prior to giving such notice to Holders the Company shall deliver to the Trustee an Officer’s Certificate (that conforms to Section 11.04 and Section 11.05 hereof) that notifies the Trustee of such redemption (which five Business Day period the trustee may waive in connection with satisfaction its sole discretion). Once notice of redemption is sent, the Notes called for redemption will become due and discharge or defeasance under this Indenture)payable on the redemption date at the applicable redemption price, plus accrued and unpaid interest applicable to such Notes to, but excluding, the redemption date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the notice of redemption that relates to such Note shall state the portion of the principal amount of that Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender and cancellation of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice Notice of any redemption is sent in connection with any Equity Offering or other securities offering or financing, or in connection with a transaction (or series of related transactions) that constitute a Change of Control, may, at the Company’s discretion, be given prior to the Holderscompletion thereof and be subject to one or more conditions precedent, Notes called for including, but not limited to, completion of the related Equity Offering, securities offering, financing or Change of Control. In addition, if such redemption become due and payable at or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption price on date may be delayed until such time as any or all such conditions shall be 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 by the redemption date, or by the redemption date so delayed. In addition, the Company may provide in such notice that payment of the redemption price and upon surrender performance of the Company’s obligations with respect to such redemption may be performed by another Person. (d) On and after the redemption date, interest will cease to accrue on the Notes or any portion of the Notes called for redemption, redemption (unless the Company shall redeem such Notes at defaults in the payment of the redemption priceprice and accrued and unpaid interest). Commencing on On or before the redemption date, the Company will deposit with a Paying Agent (or the Trustee) money sufficient to pay the redemption price of and accrued and unpaid interest on the Notes to be redeemed will cease on that date. If fewer than all of the Notes are to accrue interestbe redeemed, the Notes to be redeemed shall be selected in accordance with DTC’s applicable procedures on a pro rata pass-through distribution of principal basis, in the case of Global Notes, or by the Trustee on a pro rata basis, by lot or by such method the Trustee deems to be fair and appropriate, in the case of Notes that are not Global Notes. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Enova International, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemedto be redeemed at any time, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed (1) if the Notes are listed, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed, or, or (2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate, in denominations of $1,000 principal amount and multiples thereof. No Note Notes of $2,000 in principal amount 1,000 or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by first class mail by the Company or or, at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders each Holder whose Notes are to be redeemed at such Holder's registered address at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. Notices of redemption may not be conditional. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) that Notes called for redemption must be so surrendered in order to collect the redemption price; (5) that, on the redemption date date, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the portion of the principal amount thereof to be redeemed; (7) if any Note is redeemed in partand that, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) that, if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on On and after the redemption date, Notes redeemed will cease interest ceases to accrue intereston Notes or portions thereof called for redemption. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount equal to the unredeemed portion of the surrendered original Note will be issued in the name of the Holder thereof upon cancellation of the original Note.

Appears in 1 contract

Sources: Indenture (Playboy Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem any Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate to the Trustee at least 60 15 days before prior to the redemption date of the mailing of the notice (unless a shorter period is satisfactory to the Trustee in the sole determination of the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestrequest (the Company to provide or cause to be provided to the Trustee such information to be included in such notice five (5) days prior to such notice being sent to Holders, unless a shorter period is satisfactory to the Trustee, in the sole determination of the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Ipalco Enterprises, Inc.)

Method and Effect of Redemption. (a) If Section 1103 of the Company elects Base Indenture is hereby amended and restated in full, with respect to the Notes, to read as follows: “In the event that the Operating Partnership chooses to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes, selection of the Notes are being redeemed, subject to DTC procedures, for redemption will be made by the Trustee will select the Notes to be redeemed either: (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, ; or, if the Notes are not listed , (2) on a national securities exchangepro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate; subject, in each case, to DTC procedures for Global Notes where the Depositary is DTC. No Note Notes of a principal amount of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company Operating Partnership promptly of the Notes or portions of Notes to be called for redemption. If a partial redemption is made with the proceeds of an Equity Offering, the Trustee will select the Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures) unless such method is otherwise prohibited. Notice of redemption must will be sent delivered by the Company Operating Partnership, or at the CompanyOperating Partnership’s request, by the Trustee Trustee, in the name and at the expense of the CompanyOperating Partnership, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture). (b) The notice to each Holder of redemption will identify the Notes to be redeemed and will include or state at its registered address; provided, that at least 45 days notice must be provided to the following: (1) Trustee, unless a shorter period is agreed to in advance by the redemption date; (2) Trustee. Unless the Operating Partnership defaults in the payment of the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed interest will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Noteon Notes or portions thereof called for redemption.

Appears in 1 contract

Sources: First Supplemental Indenture (Dupont Fabros Technology, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 1,000 in principal amount or less shall be redeemed and any multiple of $1,000 in partexcess thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Note (Neenah Foundry Co)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officer’s Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate in accordance with DTC procedures, in denominations of $2,000 in principal amount or less shall and higher integral multiples of $1,000. The notice to the Trustee under this clause (a) may be redeemed in partrevoked prior to the mailing of notice of such redemption to the Holders. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must shall be sent mailed by the Company first class mail or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed delivered electronically at least 30 days but not more than 60 days before the redemption date (to each Holder of the Notes to be redeemed at its registered address, except that redemption notices may be mailed or delivered electronically more than 60 days prior to the redemption date if the notice is issued in connection with the defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture). Any redemption and any notice of redemption thereof may, at the Company’s discretion, be subject to one or more conditions precedent. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, subject to the last sentence of Section 3.03(a), Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Harbinger Group Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 40 days before the redemption date (unless a shorter period is satisfactory to the Trustee), such Officers’ Certificate to state that all conditions precedent provided for in the Indenture to such redemption have been complied with. If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with redeemed, no later than 30 days prior to the requirements of the principal national securities exchangeredemption date, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount and integral multiples of $1,000 in excess thereof; provided, that the unredeemed portion of a Note must be in a minimum principal amount of $2,000; and provided further, that if the Notes are represented by one or less shall more Global Notes, beneficial interests in the Notes will be redeemed selected for redemption by DTC in partaccordance with its standard procedures therefor. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except date. At the Company’s request in connection with satisfaction an optional redemption, the Trustee shall give the notice of redemption in the Company’s name and discharge at its expense; provided, however, that the Company shall have delivered to the Trustee, at least 40 days prior to the redemption date (or defeasance under this Indenturesuch shorter period as may be acceptable to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in Section 3.03(b). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, or if not then ascertainable, the manner of calculation thereof, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest; provided, that the Company has not defaulted in depositing the redemption price in accordance with the provisions hereof. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Huntington Ingalls Industries, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in accordance with the procedures of the Depositary, in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestprior written request (not less than 15 days prior to the date notice is to be given, unless a shorter period is acceptable to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption datedate and any conditions to such redemption; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date date, subject to satisfaction of any conditions specified therein, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Debt, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a corporate transaction or other event. For the avoidance of doubt, (1) if any redemption date shall be delayed as contemplated by this Section 3.03 and the terms of the applicable notice of redemption, such redemption date as so delayed may occur at any time after the original redemption date set forth in the applicable notice of redemption and after the satisfaction of any applicable conditions precedent, including, but not limited to, on a date that is less than 10 days after the original redemption date or more than 60 days after the date of the applicable notice of redemption and (2) any such redemption may not occur and such notice of redemption may be rescinded in the event any or all such conditions shall not have been satisfied by the redemption date or by any delayed redemption date. To the extent that the redemption date will occur on a date other than the original redemption date set forth in the applicable notice of redemption, the Company shall notify the Holders and the Trustee of the final redemption date prior to such date; provided that the failure to give such notice, or any defect therein, shall not impair or affect the validity of any redemption under this Article 3. (d) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption datedate except as provided in Section 3.03(c), and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (UWM Holdings Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee in writing of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of is (1) if the Notes are being redeemedlisted, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed, or, ; or (2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note Notes of less than $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must shall be sent mailed by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed first class mail at least 30 days but not more than 60 days before the redemption date (to each Holder of the Notes to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to the redemption date if the notice is issued in connection with the defeasance of the Notes or a satisfaction and discharge or defeasance under this of the Indenture). Notices of redemption may not be conditional. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the portion of the principal amount of the Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on On and after the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Spectrum Brands, Inc.)

Method and Effect of Redemption. (a) If the The Company elects to redeem Notes, it must notify the Trustee will send notice of the any redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date to each registered Holder of the Notes to be redeemed at its registered address and no less than five (except 5) Business Days prior to giving such notice to Holders the Company shall deliver to the Trustee an Officers’ Certificate (that conforms to ‎Section 11.04 and ‎Section 11.05 hereof) that notifies the Trustee of such redemption (which five Business Day period the trustee may waive in connection with satisfaction its sole discretion). Once notice of redemption is sent, the Notes called for redemption will become due and discharge or defeasance under this Indenture)payable on the redemption date at the applicable redemption price, plus accrued and unpaid interest applicable to such Notes to, but excluding, the redemption date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the notice of redemption that relates to such Note shall state the portion of the principal amount of that Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender and cancellation of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice Notice of any redemption is sent in connection with any Equity Offering or other securities offering or financing, or in connection with a transaction (or series of related transactions) that constitute a Change of Control, may, at the Company’s discretion, be given prior to the Holderscompletion thereof and be subject to one or more conditions precedent, Notes called for including, but not limited to, completion of the related Equity Offering, securities offering, financing or Change of Control. In addition, if such redemption become due and payable at or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption price on date may be delayed until such time as any or all such conditions shall be 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 by the redemption date, or by the redemption date so delayed. In addition, the Company may provide in such notice that payment of the redemption price and upon surrender performance of the Company’s obligations with respect to such redemption may be performed by another Person. (d) On and after the redemption date, interest will cease to accrue on the Notes or any portion of the Notes called for redemption, redemption (unless the Company shall redeem such Notes at defaults in the payment of the redemption priceprice and accrued and unpaid interest). Commencing on On or before the redemption date, the Company will deposit with a Paying Agent (or the Trustee) money sufficient to pay the redemption price of and accrued and unpaid interest on the Notes to be redeemed will cease on that date. If fewer than all of the Notes are to accrue interestbe redeemed, the Notes to be redeemed shall be selected in accordance with DTC’s applicable procedures, in the case of Global Notes, or by the Trustee on a pro rata basis, by lot or by such method the Trustee deems to be fair and appropriate, in the case of Notes that are not Global Notes. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Enova International, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes of a series, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 40 days before the redemption date date, and in no event less than 10 days prior to the mailing of the notice of redemption (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes of a series are being redeemed, subject (i) in the case of Certificated Notes, the Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as customarily authorized by the Trustee in its sole discretion shall deem to be fair clearing systems (including DTC), and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption; provided however, that the principal amount of the Notes so selected by the Trustee for such partial redemption shall not exceed the amount which the Company has chosen to redeem, and (ii) in the case of Notes in the form of Global Notes, the Notes to be redeemed will be selected in accordance with the procedures of the applicable clearing system, provided that in each case the Notes will be redeemed in minimum denominations of $2,000 principal amount and higher integral multiples of $1,000. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price[Intentionally Omitted]; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Flextronics International Ltd.)

Method and Effect of Redemption. (a) If Notice of any redemption will be mailed or electronically delivered (or otherwise transmitted in accordance with the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate Depositary’s procedures) at least 10 days but not more than 60 days before the redemption date (unless to each Holder of Notes to be redeemed, with a shorter period is satisfactory copy to the Trustee). If less than all . (b) Notice of any redemption of the Notes are being redeemedmay, at the Company’s discretion, be given prior to the completion of a corporate transaction (including a sale of the Company’s common stock, an incurrence of Indebtedness, a Change of Control or other corporate transaction) and any redemption notice may, at the Company’s discretion, be subject to DTC proceduresone or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or 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 Company’s discretion, the Trustee will select 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 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. In addition, the Company may provide in such notice that payment of the redemption price and performance of the Company’s obligations with respect to such redemption may be performed by another person. (c) In the case of a partial redemption, selection of the Notes to for redemption will be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangemade pro rata, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair deems appropriate and appropriatefair. No Note Notes of a principal amount of $2,000 in principal amount or less shall will be redeemed in part. The Trustee If any Note is to be redeemed in part only, the notice of redemption that relates to the Note will notify state the Company promptly portion of the principal amount of the Note to be redeemed. A new Note in a principal amount equal to the unredeemed portion of the Note will be issued in the name of the Holder of the Note upon surrender for cancellation of the original Note. For so long as the Notes are held by DTC (or another Depositary), the redemption of the Notes or portions of Notes to shall be called for redemption. Notice of redemption must be sent by done in accordance with the Company or at the Company’s request, by the Trustee in the name policies and at the expense procedures of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)Depositary. (bd) The notice of redemption will identify the Notes to be redeemed and will include or state the following: 24 (1i) the redemption date; ; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; ; (3iii) the place or places where Notes are to be surrendered for redemption; ; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; Redemption Price; (5v) on the redemption date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; ; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (ce) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Ipalco Enterprises, Inc.)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed pro rata, or as nearly a pro rata basis as is practicable (subject to the procedures of DTC), unless such method is otherwise prohibited, in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangecase, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company Issuer or at the Company’s Issuer's request, by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interestinterest or Liquidated Damages and any Make-Whole Amount; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Hovnanian Enterprises Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 10 days before the date it mails the notice of redemption date to each Holder (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall be redeemed and multiples of $1,000 in partexcess of $2,000. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. An Officer’s Certificate specifying the actual redemption price must be sent to the Trustee no later than two Business Days prior to the redemption date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the calculation of the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemptionredemption on the redemption date, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Medtronic Inc)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and date, the principal amount of Notes to be redeemed and the redemption price by delivering an Officers’ Certificate at least Certificate, to the effect that such redemption shall comply with the conditions set forth in this Article 3, 30 to 60 days before the redemption date (unless a shorter period is required or otherwise satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the The Trustee will shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, or if the such Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in integral multiples of $2,000 in principal amount or less shall be redeemed in part1,000. The Trustee will shall notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. (b) Notice of redemption must be sent by the Company Issuer, or at the CompanyIssuer’s request, request by the Trustee Trustee, in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that redemption notices may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with satisfaction and discharge Section 8.01 or defeasance under Section 8.02 of this Indenture). (b) . The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places clause of this Indenture pursuant to which the redemption shall occur; (iv) the names and addresses of the Paying Agents where Notes are to be surrendered for redemptionsurrendered; (4v) Notes that notes called for redemption must be so surrendered to a Paying Agent in order to collect the redemption priceprice and any accrued interest or additional interest; (5vi) that on the redemption date the redemption price will become due and payable on Notes called for redemption, redemption and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6vii) if fewer than all the outstanding Notes are to be redeemed, the certificate numbers and principal amounts of the particular Notes to be redeemed, the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption; (viii) if any Note is to be redeemed in part only, the portion of the principal amount of that Note that is to be redeemed; (7ix) that if any Note is to be redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion part will be issued; (x) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Notes being redeemed; and (8) if any Note contains a CUSIP or CINS number, xi) that no representation is being made as to the correctness or accuracy of the CUSIP number or CINS number either as number, or “common number” listed in such notice or printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption pursuant to this Section 3.03 is sent mailed to the Holders, Notes called for redemption become due and payable on the redemption date and at the redemption price on stated in the redemption date, and upon notice. Upon surrender of the Notes called for redemptionto any Paying Agent, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed called for redemption will cease to accrue interest; 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 and additional interest, if any, 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. Upon surrender of any Note redeemed in part, the Holder will receive a new Note note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Orbimage Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem the Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days ten Business Days before the notice of redemption date is required to be sent to Holders (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the notice must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC procedures, the Trustee will and must request that the Trustee select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such other similar method as in accordance with the Trustee procedures of DTC, in its sole discretion shall deem to be fair and appropriate. No Note denominations of $2,000 in principal amount or less shall be redeemed in partand multiples of $1,000 above that amount. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestrequest and provision of such notice information to the Trustee, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption sent to the Holders will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and and, unless the Company defaults in the payment of the redemption price, interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent On or prior to the Holders12:00 noon, Notes called for redemption become due and payable at the redemption price New York City time, on the redemption date, and upon surrender of the date for any Notes called for redemptionor portions thereof, the Company shall redeem deposit with the Trustee or with a Paying Agent (or, if the Company is acting as its own Paying Agent, segregate and hold in trust as provided in Section 4.01) an amount of money in US Dollars sufficient to pay the redemption price of such Notes at or any portions thereof that are to be redeemed on that date. (d) Unless the Company defaults in the payment of the redemption price. Commencing on the redemption date, Notes redeemed interest will cease to accrue intereston the Notes or portions thereof called for redemption on the applicable redemption date. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (SunCoke Energy, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee in the sole discretion of the Trustee). If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount equal to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Digitalglobe, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If the Company elects to redeem less than all of the Notes, and such Notes are at the time represented by a Global Note, then the Trustee will select the Notes to be redeemed on a pro rata basis or by another method the Trustee considers appropriate. If the Company elects to redeem less than all of the Notes, and such Notes are not represented by a Global Note, then the Trustee will select the particular Notes to be redeemed in a manner it deems appropriate. If fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select Officers’ Certificate must also specify a record date not less than 15 days after the Notes to be redeemed in compliance with the requirements date of the principal national securities exchange, if any, on which notice of redemption is given to the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in partTrustee. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of any redemption must will be sent mailed by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed Company at least 30 days but not more than 60 days before the date of redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)to each Holder of the Notes to be redeemed. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on Unless the Company defaults in payment of the redemption dateprice, Notes redeemed on and after the date of redemption, interest will cease to accrue intereston such Notes or the portions called for redemption. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (PHH Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed on a pro rata basis, subject to adjustments so that no Notes are redeemed in compliance an unauthorized denomination (or, in the case of Global Notes, the Notes to be redeemed will be selected in accordance with the requirements of the principal national securities exchangeDepositary’s applicable procedures), if any, on which the unless otherwise required by law or applicable stock exchange requirements. Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee redeemed in its sole discretion shall deem to part must be fair and appropriate. No Note redeemed in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000 (subject to the procedures of the Depositary). The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection the case of Global Notes, to the Depositary in accordance with satisfaction the procedures of the Depositary and discharge in the case of certificated Notes, by first class mail, or defeasance under this Indenture). (b) The notice delivered electronically if held at DTC, to each Holder of redemption will identify the Notes to be redeemed and will include or state the following: (1) the at its registered address, except notices of redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are may be mailed more than 60 days prior to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the a redemption date if the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note notice is to be redeemed issued in part only, the portion connection with a defeasance of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice a satisfaction and discharge of redemption and that the Holder should rely only on the other identification numbers printed on the Notesthis Indenture. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall and higher integral multiples of $1,000. The notice to the Trustee under this clause (a) may be redeemed in partrevoked prior to the mailing of notice of such redemption to the Holders. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must shall be sent mailed by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed first class mail at least 30 days but not more than 60 days before the redemption date (to each Holder of the Notes to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to the redemption date if the notice is issued in connection with the defeasance of the Notes or a satisfaction and discharge or defeasance under this of the Indenture). Notices of redemption may not be conditional. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Harbinger Group Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date date, and in no event less than 15 days prior to the mailing of the notice of redemption (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company Company, or at the Company’s request, request by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 15 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) such election by the Company to redeem the Notes pursuant to the provisions contained in this Indenture or the terms of the Notes; (ii) the redemption date; (2iii) the redemption price, including the portion thereof representing any accrued interest; (3iv) the place or places where Notes are to be surrendered for redemption; (4v) Notes called for any conditions precedent to which such redemption must be so surrendered in order to collect the redemption priceis subject; (5vi) on the redemption date date, subject to any conditions in such notice, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6vii) if any Note is to be redeemed in part only, the portion paragraph of the principal amount Notes and/or provision of this Indenture pursuant to be which the Notes called for redemption are being redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) viii) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the HoldersHolders and all conditions, if any, are satisfied, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Molson Coors Brewing Co)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and date, the principal amount of Notes to be redeemed and the redemption price by delivering an Officers’ Certificate at least Certificate, to the effect that such redemption shall comply with the conditions set forth in this Article 3, 40 to 60 days before the redemption date (unless a shorter period is required or otherwise satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the The Trustee will shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, orprovided, that any such requirements are set forth in an Officers’ Certificate delivered by the Issuer to the Trustee prior to any such selection or if the such Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in a minimum principal amount of $2,000 and in principal amount or less shall be redeemed integral multiples of $1,000 in partexcess thereof. The Trustee will shall notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. (b) Notice of redemption must be sent by the Company Issuer, or at the CompanyIssuer’s request, request by the Trustee Trustee, in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that redemption notices may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with satisfaction and discharge Section 8.01 or defeasance under Section 8.02 of this Indenture). (b) . The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including or if not then ascertainable, the portion thereof representing any accrued interestmanner of calculation thereof; (3iii) the place or places clause of this Indenture pursuant to which the redemption shall occur; (iv) the names and addresses of the Paying Agents where Notes are to be surrendered for redemptionsurrendered; (4v) Notes that notes called for redemption must be so surrendered to a Paying Agent in order to collect the redemption priceprice and any accrued interest or Additional Interest; (5vi) that on the redemption date the redemption price will become due and payable on Notes called for redemptionredemption and that, and unless the Issuer defaults in the payment of the redemption price, interest on Notes called for redemption will cease to accrue on and after the redemption date; (6vii) if fewer than all the outstanding Notes are to be redeemed, the certificate numbers and principal amounts of the particular Notes to be redeemed, the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption; (viii) if any Note is to be redeemed in part only, the portion of the principal amount of that Note that is to be redeemed; (7ix) that if any Note is to be redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion part will be issued; (x) any condition to such redemption (xi) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Notes being redeemed; and (8) if any Note contains a CUSIP or CINS number, xii) that no representation is being made as to the correctness or accuracy of the CUSIP number or CINS number either as number, or “common number” listed in such notice or printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption pursuant to this Section 3.03 is sent mailed to the Holders, Notes called for redemption become due and payable on the redemption date and at the redemption price on stated in the redemption date, and upon notice. Upon surrender of the Notes called for redemptionto any Paying Agent, the Company Issuer shall redeem such Notes at the redemption price. Commencing Subject to Section 3.04, commencing on the redemption date, Notes redeemed called for redemption will cease to accrue interest; 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 and Additional Interest, if any, 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. Upon surrender of any Note redeemed in part, the Holder will receive a new Note note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Purchase Agreement (GeoEye, Inc.)

Method and Effect of Redemption. (a) If the The Company elects to redeem Notes, it must notify the Trustee will send notice of the any redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the redemption date to each registered Holder of the Notes to be redeemed at its registered address and no less than five (except 5) Business Days prior to giving such notice to Holders the Company shall deliver to the Trustee an Officer’s Certificate (that conforms to ‎Section 11.04 and ‎Section 11.05 hereof) that notifies the Trustee of such redemption (which five Business Day period the trustee may waive in connection with satisfaction its sole discretion). Once notice of redemption is sent, the Notes called for redemption will become due and discharge or defeasance under this Indenture)payable on the redemption date at the applicable redemption price, plus accrued and unpaid interest applicable to such Notes to, but excluding, the redemption date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the notice of redemption that relates to such Note shall state the portion of the principal amount of that Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender and cancellation of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice Notice of any redemption is sent in connection with any Equity Offering or other securities offering or financing, or in connection with a transaction (or series of related transactions) that constitute a Change of Control, may, at the Company’s discretion, be given prior to the Holderscompletion thereof and be subject to one or more conditions precedent, Notes called for including, but not limited to, completion of the related Equity Offering, securities offering, financing or Change of Control. In addition, if such redemption become due and payable at or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption price on date may be delayed until such time as any or all such conditions shall be 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 by the redemption date, or by the redemption date so delayed. In addition, the Company may provide in such notice that payment of the redemption price and upon surrender performance of the Company’s obligations with respect to such redemption may be performed by another Person. (d) On and after the redemption date, interest will cease to accrue on the Notes or any portion of the Notes called for redemption, redemption (unless the Company shall redeem such Notes at defaults in the payment of the redemption priceprice and accrued and unpaid interest). Commencing on On or before the redemption date, the Company will deposit with a Paying Agent (or the Trustee) money sufficient to pay the redemption price of and accrued and unpaid interest on the Notes to be redeemed will cease on that date. If fewer than all of the Notes are to accrue interestbe redeemed, the Notes to be redeemed shall be selected in accordance with DTC’s applicable procedures on a pro rata pass-through distribution of principal basis, in the case of Global Notes, or by the Trustee on a pro rata basis, by lot or by such method the Trustee deems to be fair and appropriate, in the case of Notes that are not Global Notes. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Enova International, Inc.)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject to DTC procedures, the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note ; provided that no Notes with a principal amount of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must will be sent mailed by first-class mail by the Company Issuer or at the CompanyIssuer’s request, by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but and not more than 60 days before the date of redemption to each Holder’s registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the followingstate: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion paragraph of the principal amount Notes and/or Section of this Indenture pursuant to be which the Notes called for redemption are being redeemed; (7) if any Note is being redeemed in part, on the portion of the principal amount of such Note to be redeemed and that, after the redemption date, upon surrender of such Note, a new Note or Notes equal in principal amount equal to the unredeemed portion will be issuedissued upon cancellation of the original Note; and (8) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interestinterest (unless the Issuer fails to timely deliver the necessary funds for such redemption). Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal or Notes in principal amount equal to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (DineEquity, Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in accordance with the procedures of the Depositary, in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestprior written request (not less than 15 days prior to the date notice is to be given, unless a shorter period is acceptable to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption datedate and any conditions to such redemption; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date date, subject to satisfaction of any conditions specified therein, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Debt, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a corporate transaction, incurrence of Debt, Equity Offering or other event. For the avoidance of doubt, (1) if any redemption date shall be delayed as contemplated by this Section 3.03 and the terms of the applicable notice of redemption, such redemption date as so delayed may occur at any time after the original redemption date set forth in the applicable notice of redemption and after the satisfaction of any applicable conditions precedent, including, but not limited to, on a date that is less than 10 days after the original redemption date or more than 60 days after the date of the applicable notice of redemption and (2) any such redemption may not occur and such notice of redemption may be rescinded in the event any or all such conditions shall not have been satisfied by the redemption date or by any delayed redemption date. To the extent that the redemption date will occur on a date other than the original redemption date set forth in the applicable notice of redemption, the Company shall notify the Holders and the Trustee of the final redemption date prior to such date; provided that the failure to give such notice, or any defect therein, shall not impair or affect the validity of any redemption under this Article 3. (d) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption datedate except as provided in Section 3.03(c), and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (UWM Holdings Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem any Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 15 days before prior to the redemption date of the mailing of the notice (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or and multiples thereof, provided that no Notes of less shall than $2,000 may be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s requestrequest (the Company to provide or cause to be provided to the Trustee such information to be included in such notice five (5) days prior to such notice being sent to Holders, unless a shorter period is satisfactory to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except date. The Company shall notify the Trustee of the Redemption Price once determined in connection accordance with satisfaction and discharge this Article 3 on or defeasance under this Indenture)before two Business Days prior to the redemption date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption pricemanner in which the Redemption Price will be calculated, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date the redemption price Redemption Price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date, unless the Company defaults in the deposit of the Redemption Price; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price Redemption Price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption priceRedemption Price. Commencing on the redemption date, Notes redeemed will cease to accrue interest, unless the Company defaults in the deposit of the Redemption Price. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (DPL Inc)

Method and Effect of Redemption. (a) If In case of any redemption of Securities of any series, the Company elects to redeem Notes, it must notify the Trustee of the redemption date and date, the principal amount and, if applicable, the tenor of Notes the Securities of such series to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes Securities of any series are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes Securities of such series to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations equal to the mini mum authorized denominations for Securities of $2,000 in principal amount such series or less shall be redeemed in partany multiple thereof. The Trustee will notify the Company promptly of the Notes Securities of such series or portions of Notes Securities of such series to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes Securities are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes Securities of such series including CUSIP or CINS number(s) to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes Securities of such series are to be surrendered for redemption; (4) Notes Securities of such series called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes Securities of such series called for redemption, and interest on Notes Securities of such series called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion Security of the principal amount to be redeemed; (7) if any Note such series is redeemed in part, on and after the redemption date, upon surrender of such NoteSecurity of such series, new Notes Securities of such series equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note Security of such series contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes Securities of such series or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the NotesSecurities of such series. (c) Once notice of redemption is sent to the Holders, Notes Securities of any series called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes Securities of such series called for redemption, the Company shall redeem such Notes Securities at the redemption price. Commencing on the redemption date, Notes the Securities of such series redeemed will cease to accrue interest. Upon surrender of any Note Security of any series redeemed in part, the Holder will receive a new Note Security of such series and tenor equal in principal amount to the unredeemed portion of the surrendered NoteSecurity of such series.

Appears in 1 contract

Sources: Indenture (Compaq Computer Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes of a series, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 25 days before the redemption date (unless a shorter period is satisfactory to the Trustee), such Officers’ Certificate to state that all conditions precedent provided for in the Indenture to such redemption have been complied with. If less fewer than all of the Notes of a series are being redeemed, subject to DTC procedures, the Trustee will select the Notes of such series to be redeemed in compliance with redeemed, no later than 10 days prior to the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangeredemption date, by lot or by such any other method as the Trustee in its sole discretion shall deem to be fair and deems appropriate. No Note , in denominations of $2,000 in principal amount and integral multiples of $1,000 in excess thereof; provided, that the unredeemed portion of a Note must be in a minimum principal amount of $2,000; and provided further, that if the Notes of a series are represented by one or less shall more Global Notes, beneficial interests in the Notes of such series will be redeemed selected for redemption by DTC in partaccordance with its standard procedures therefor. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 days before the redemption date (except date. At the Company’s request in connection with satisfaction an optional redemption, the Trustee shall give the notice of redemption in the Company’s name and discharge at its expense; provided, however, that the Company shall have delivered to the Trustee, at least 25 days prior to the redemption date (or defeasance under this Indenturesuch shorter period as may be acceptable to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in Section 3.03(b). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, or if not then ascertainable, the manner of calculation thereof, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest; provided, that the Company has not defaulted in depositing the redemption price in accordance with the provisions hereof. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Huntington Ingalls Industries, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 40 days before the redemption date date, and in no event less than 10 days prior to the sending of the notice of redemption (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject (i) in the case of Certificated Notes, the Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as customarily authorized by the Trustee in its sole discretion shall deem to be fair clearing systems (including DTC), and appropriate. No Note of $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption; provided however, that the principal amount of the Notes so selected by the Trustee for such partial redemption shall not exceed the amount which the Company has chosen to redeem, and (ii) in the case of Notes in the form of Global Notes, the Notes to be redeemed will be selected in accordance with the procedures of the applicable clearing system, provided that in each case the Notes will be redeemed in minimum denominations of $2,000 principal amount and higher integral multiples of $1,000. Notice of redemption must be sent by the Company or at the Company’s requestrequest made at least 10 days prior to the date on which the notice of redemption must be sent to Holders (unless a shorter period is satisfactory to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price[Intentionally Omitted]; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Flextronics International Ltd.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate in accordance with the applicable procedures of the Depositary, in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Century Aluminum Co)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date Redemption Date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in accordance with DTC’s applicable procedures, in minimum denominations of $2,000 in and multiples of $1,000 principal amount in excess thereof (provided that no Notes in denominations of $2,000 or less shall may be redeemed in part) and, in respect of Global Notes, in accordance with the procedures of DTC (subject to adjustments so that no Note in an unauthorized denomination remains outstanding). The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by first class mail (or delivered electronically in the case of Global Notes held by DTC) by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the Redemption Date, except that a notice of redemption date (except may be sent more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge or defeasance under of this Indenture)Indenture in accordance with the provisions of Article 8. (b) The notice of redemption will identify the Notes (including CUSIP numbers) to be redeemed and will include or state the following: (1) the redemption dateRedemption Date; (2) the redemption price, including the portion thereof representing any accrued and unpaid interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date Redemption Date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and; (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes; and (8) whether the notice is conditional and what conditions shall occur prior to the Redemption Date. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption dateRedemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption dateRedemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Seagate Technology PLC)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem Notes, it must notify the Trustee of the redemption date and date, the principal amount of Notes to be redeemed and the redemption price by delivering an Officers’ Certificate at least Certificate, (i) to the effect that such redemption shall comply with the conditions set forth in this Article 3, 40 to 60 days before the redemption date (unless a shorter period is required or otherwise satisfactory to the Trustee). If less than all ) and (ii) setting forth (A) the paragraph or subparagraph of such Note and/or section of the Indenture pursuant to which such redemption shall occur (B) the redemption date, (C) the principal amount of the Notes are being redeemed, subject to DTC procedures, be redeemed and (D) the redemption price. The Trustee will shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, orprovided, that any such requirements are set forth in an Officers’ Certificate delivered by the Issuer to the Trustee prior to any such selection or if the such Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in a minimum principal amount of $2,000 and in principal amount or less shall be redeemed integral multiples of $1,000 in partexcess thereof. The Trustee will shall notify the Company Issuer promptly of the Notes or portions of Notes to be called for redemption. Any such notice may be cancelled at any time prior to notice of such redemption being mailed to any Holder and shall thereby be void and of no effect. (b) Notice of redemption must be sent by the Company Issuer, or at the CompanyIssuer’s request, request by the Trustee Trustee, in the name and at the expense of the CompanyIssuer, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date, except that redemption notices may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with satisfaction and discharge Section 8.01 or defeasance under Section 8.02 of this Indenture). (b) . The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including or if not then ascertainable, the portion thereof representing manner of calculation thereof; (iii) the clause of this Indenture pursuant to which the redemption shall occur; (iv) the names and addresses of the Paying Agents where Notes are to be surrendered; (v) that notes called for redemption must be surrendered to a Paying Agent in order to collect the redemption price and any accrued interest; (3vi) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) that on the redemption date the redemption price will become due and payable on Notes called for redemptionredemption and that, and unless the Issuer defaults in the payment of the redemption price, interest on Notes called for redemption will cease to accrue on and after the redemption date; (6vii) if fewer than all the outstanding Notes are to be redeemed, the certificate numbers and principal amounts of the particular Notes to be redeemed, the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption; (viii) if any Note is to be redeemed in part only, the portion of the principal amount of that Note that is to be redeemed; (7ix) that if any Note is to be redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion part will be issued; (x) any condition to such redemption; (xi) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Notes being redeemed; and (8) if any Note contains a CUSIP or CINS number, xii) that no representation is being made as to the correctness or accuracy of the CUSIP number or CINS number either as number, or “common number” listed in such notice or printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption pursuant to this Section 3.03 is sent mailed to the Holders, Notes called for redemption become due and payable on the redemption date and at the redemption price on stated in the redemption date, and upon notice. Upon surrender of the Notes called for redemptionto any Paying Agent, the Company Issuer shall redeem such Notes at the redemption price. Commencing Subject to Section 3.04, commencing on the redemption date, Notes redeemed called for redemption will cease to accrue interest; 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. Upon surrender of any Note redeemed in part, the Holder will receive a new Note note equal in principal amount to the unredeemed portion of the surrendered Note. Upon surrender of a Note that is redeemed in part, the Issuer shall issue and, upon receipt of a written order of the Issuer signed by an Officer, the Trustee shall authenticate for the Holder at the expense of the Issuer a new Note equal in principal amount to the unredeemed portion of the Note surrendered representing the same indebtedness to the extent not redeemed; provided that each new Note will be in a principal amount of $2,000 or an integral multiple of $1,000 in excess thereof.

Appears in 1 contract

Sources: Indenture (GeoEye License Corp.)

Method and Effect of Redemption. (a) If the Company elects to redeem New 2017 Notes or New 2019 Notes, it must notify the Trustee of the redemption date Redemption Date and the principal amount of such Notes to be redeemed by delivering an Officers’ Certificate at least 60 not less than 15 days nor more than 90 days before the redemption date (unless a shorter period is satisfactory to the Trustee)Redemption Date. If less fewer than all of the New 2017 Notes or New 2019 Notes, as applicable, are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, the Trustee will select and the Notes to of the applicable series shall be redeemed selected for redemption (1) in compliance with the requirements of the principal national securities exchange, if any, on which the such Notes are listed, or, (2) if the such Notes are not listed on a national securities exchange, by lot or by such other method as otherwise in accordance with the Trustee applicable procedures of the Depositary, in its sole discretion shall deem to be fair and appropriate. No each case in denominations of $1,000 principal amount; provided that no Note in a principal amount of $2,000 shall be redeemed in part and no new Notes in a principal amount of $2,000 or less shall be redeemed issued in connection with any redemption in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 10 days but not more than 60 90 days before the redemption date (applicable Redemption Date, except in connection with satisfaction and discharge or defeasance under this Indenture)where DTC requires a longer period. (b) The notice of redemption will identify the Notes of the applicable series (including the CUSIP numbers) to be redeemed and will include or state the following: (1i) the redemption dateRedemption Date; (2ii) the redemption priceRedemption Price, including the portion thereof representing any accrued interest; (3iii) the place or places where such Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption priceRedemption Price; (5v) on the redemption date Redemption Date, the redemption price Redemption Price will become due and payable on any Notes called for redemption, and interest on such Notes called for redemption will cease to accrue on and after the redemption dateRedemption Date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption dateRedemption Date, upon surrender of such Note, new New 2017 Notes or New 2019 Notes, as applicable, equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the such Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the such Notes. (c) Once notice of redemption is sent to the HoldersHolders of New 2017 Notes or New 2019 Notes, as applicable, such Notes called for redemption become due and payable at the redemption price applicable Redemption Price on the redemption daterelevant Redemption Date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption pricesuch Redemption Price. Commencing on the redemption daterelevant Redemption Date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note New 2017 Notes or New 2019 Notes, as applicable, equal in principal amount to the unredeemed portion of the surrendered Note. (d) If any Redemption Date for the New 2017 Notes or the New 2019 Notes is after a Regular Record Date and on or prior to the next succeeding Interest Payment Date for such series of Notes, the holders of record of the applicable series of Notes shall receive such interest, and no such interest will be payable as part of the applicable Redemption Price. (e) In connection with any redemption hereunder pursuant to Section 4.02(a) or Section 4.03(a), as applicable, the Company shall obtain the 2017 Treasury Rate or the 2019 Treasury Rate, calculate the 2017 Applicable Premium or 2019 Applicable Premium, as applicable, and calculate the applicable Redemption Price.

Appears in 1 contract

Sources: First Supplemental Indenture (E TRADE FINANCIAL Corp)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must will be sent mailed by first-class mail by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but and not more than 60 days before the date of redemption to each Holder’s registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date (except if the notice is issued in connection with a satisfaction and discharge or defeasance under this of the Indenture). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Wendy's/Arby's Group, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 10 days before the notice of redemption date required pursuant to this Section 3.03(a) is sent to Holders (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date the notice of redemption is sent to DTC proceduresHolders, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes of like terms and tenor equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, if funds are deposited by the Company to pay the redemption price for the Notes as provided herein, the Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note of like terms and tenor equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Sandridge Energy Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 10 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days 20 Business Days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (McDermott International Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee)date. If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date (i) the redemption price will become due and payable on Notes called for redemption, (ii) if such redemption date is prior to the Reset Date, the Accreted Value of Notes called for redemption will cease to increase and (iii) if such redemption date is on or after the Reset Date, interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, (i) if such redemption date is prior to the Reset Date, the Accreted Value of Notes redeemed will cease to accrue interestincrease and (ii) if such redemption date is on or after the Reset Date, interest on Notes redeemed will cease to accrue. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Debt Registration Rights Agreement (Choice One Communications Inc)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers' Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers' Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in 1,000 principal amount or less shall be redeemed in partand multiples thereof. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s 's request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) the redemption date; (2ii) the redemption price, including the portion thereof representing any accrued interest; (3iii) the place or places where Notes are to be surrendered for redemption; (4iv) Notes called for redemption must be so surrendered in order to collect the redemption price; (5v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vi) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) vii) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Century Aluminum Co)

Method and Effect of Redemption. (a) If the Company elects to redeem NotesNotes of a series, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 days before the redemption date date, and in no event less than 15 days prior to the mailing of the notice of redemption (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes of a series are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, the Trustee will select and the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchange, shall be selected by lot or pursuant to the applicable procedures of the Depositary by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company Company, or at the Company’s request, request by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 15 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) Notice of any redemption of Notes in connection with a corporate transaction (including any equity offering, an incurrence of indebtedness or a change of control) may, at the Company’s discretion, be given prior to the completion thereof and any such redemption or notice may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related transaction. If such redemption or purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the Redemption Date. In addition, the Company may provide in such notice that payment of the redemption price and performance of the Company’s obligations with respect to such redemption may be performed by another Person. (c) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1i) such election by the Company to redeem the Notes pursuant to the provisions contained in this Indenture or the terms of the Notes; (ii) the redemption date; (2iii) the redemption price, including the portion thereof representing any accrued interest; (3iv) the place or places where Notes are to be surrendered for redemption; (4v) Notes called for any conditions precedent to which such redemption must be so surrendered in order to collect the redemption priceis subject; (5vi) on the redemption date date, subject to any conditions in such notice, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7vii) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; (viii) the paragraph of the Notes and/or provision of this Indenture pursuant to which the Notes called for redemption are being redeemed; and (8) ix) if any Note contains a CUSIP or CINS ISIN number, no representation is being made as to the correctness of the CUSIP or CINS ISIN number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (cd) Once notice of redemption is sent to the HoldersHolders and all conditions, if any, are satisfied, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Molson Coors Brewing Co)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). Notice of any redemption upon any Equity Offering may be given prior to the completion thereof, and any such redemption or notice, may, at the Company’s discretion, be subject to the completion of the related Equity Offering. If less fewer than all of the Notes are being redeemed, subject the Officer’s Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee and in any event no less than five Business Days notice prior to the date that notice is to be delivered to the Holders, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as in accordance with the Trustee procedures of DTC, in its sole discretion shall deem to be fair and appropriate. No Note denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (except in connection with satisfaction and discharge or defeasance under this Indenture)date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Kennedy-Wilson Holdings, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes are being redeemed, subject the Officers’ Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note appropriate in accordance with DTC procedures, in denominations of $2,000 in principal amount or less shall and higher integral multiples of $1,000. The notice to the Trustee under this clause (a) may be redeemed in partrevoked prior to the mailing of notice of such redemption to the Holders. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must shall be sent mailed by the Company or at the Company’s request, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed first class mail at least 30 days but not more than 60 days before the redemption date (to each Holder of the Notes to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to the redemption date if the notice is issued in connection with the defeasance of the Notes or a satisfaction and discharge of the Indenture. Any redemption and any notice of redemption thereof may, at the Company’s discretion, be subject to one or defeasance under this Indenture)more conditions precedent. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (Harbinger Group Inc.)

Method and Effect of Redemption. (a) If the Company Issuer elects to redeem NotesNotes of any series, it must notify the Trustee of the redemption date and the principal amount of Notes of such series to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 15 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less fewer than all of the Notes of any series are being redeemed, subject the Officer’s Certificate must also specify a record date not less than 10 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes of such series to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on a national securities exchangepro rata, by lot or by such any other method as the Trustee in its sole discretion shall deem to be deems fair and appropriate. No Note , in accordance with the procedures of the Depositary, in denominations of $2,000 in principal amount or less shall be redeemed in partand higher integral multiples of $1,000. The Trustee will notify the Company Issuer promptly of the Notes of any series or portions of Notes of any series to be called for redemption. Notice of redemption must be sent by the Company Issuer or at the CompanyIssuer’s prior written request, by the Trustee in the name and at the expense of the CompanyIssuer, to Holders whose Notes of any series are to be redeemed at least 30 10 days but not more than 60 days before the redemption date (except date. Notwithstanding anything to the contrary in connection with satisfaction and discharge or defeasance under this IndentureSection 3.04(a), the provisions of this Section 3.04(a) shall not apply to a Special Mandatory Redemption, which shall be governed by Section 3.03. (b) The notice of redemption will identify the Notes of any series to be redeemed and will include or state the following: (1) the redemption datedate and any conditions to such redemption; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date date, subject to satisfaction of any conditions specified therein, the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part only, the portion of the principal amount to be redeemed; (7) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Debt, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a corporate transaction or other event. For the avoidance of doubt, if any redemption date shall be delayed as contemplated by this Section 3.04 and the terms of the applicable notice of redemption, such redemption date as so delayed may occur at any time after the original redemption date set forth in the applicable notice of redemption and after the satisfaction of any applicable conditions precedent, including, but not limited to, on a date that is less than 10 days after the original redemption date or more than 60 days after the date of the applicable notice of redemption. To the extent that the redemption date will occur on a date other than the original redemption date set forth in the applicable notice of redemption, the Issuer shall notify the Holders and the Trustee of the final redemption date prior to such date; provided that the failure to give such notice, or any defect therein, shall not impair or affect the validity of any redemption under this Indenture. (d) Once notice of redemption is sent to the Holders, Notes of any series called for redemption become due and payable at the redemption price on the redemption datedate except as provided in Section 3.04(c), and upon surrender of the Notes of any series called for redemption, the Company Issuer shall redeem such Notes at the redemption price. Commencing on the redemption date, any redeemed Notes redeemed of any series will cease to accrue interest. Upon surrender of any Note of any series redeemed in part, the Holder will receive a new Note of such series equal in principal amount to the unredeemed portion of the surrendered NoteNote of any series. The redemption of any series of Notes under this Article 3 is subject to the rights of Holders of Notes of any series on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date and the redemption price of any series of Notes shall not include any such interest.

Appears in 1 contract

Sources: Indenture (Rocket Companies, Inc.)

Method and Effect of Redemption. (a) If the Company elects to redeem Notes, it must notify the Trustee in writing of the redemption date and the principal amount of Notes to be redeemed by delivering an Officers’ Officer’s Certificate at least 60 45 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If less than all of the Notes are being redeemedto be redeemed at any time, subject the Officer’s Certificate must also specify a record date not less than 15 days after the date of the notice of redemption is given to DTC proceduresthe Trustee, and the Trustee will select the Notes to be redeemed as follows: (1) if the Notes are listed, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed, or, ; or (2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. No Note Notes of less than $2,000 in principal amount or less shall be redeemed in part. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice Notices of redemption must shall be sent mailed by the Company first class mail, or at the Company’s requestdelivered electronically if held by DTC, by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed at least 30 days but not more than 60 days before the redemption date (to each Holder of the Notes to be redeemed at its registered address, except that redemption notices may be delivered more than 60 days prior to the redemption date if the notice is issued in connection with the defeasance of the Notes or a satisfaction and discharge or defeasance under this of the Indenture). (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where the Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on the Notes called for redemption, and interest on the Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is to be redeemed in part onlypart, the portion of the principal amount of the Note to be redeemed; (7) if any Note is redeemed in part, and on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (8) 7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, the Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on On and after the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note.

Appears in 1 contract

Sources: Indenture (SB/RH Holdings, LLC)