Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities to be redeemed and shall state: (i) the redemption date; (ii) the redemption price and the amount of accrued interest to the redemption date; (iii) the name and address of a Paying Agent; (iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest; (v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; (vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and (viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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such time as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed. (b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 11 contracts
Sources: Indenture, Indenture (Albertsons Companies, Inc.), Indenture (Albertsons Companies, Inc.)
Notice of Optional Redemption. (a) At Except for redemption pursuant to Section 3.07(e), notices of optional redemption will be given at least 30 days but not more than 60 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the DepositorySection 12.02, except that redemption notices may be delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Indenture.
(b) If any Note is to be redeemed and shall optionally redeemed, the notice of redemption that relates to that Note will state:
(i) the clause of this Indenture pursuant to which the redemption dateshall occur;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address principal amount of a Paying AgentNotes to be redeemed;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionapplicable CUSIP numbers;
(vi) that, a statement that the conditions precedent to such redemption have been satisfied.
(c) At the Issuer’s written request delivered at least 35 days prior to the redemption date unless the Issuers default Trustee consents to a shorter period, the Trustee will give the notice of optional redemption in making the Issuer’s name and at its expense; in such redemption payment or any Paying Agent is prohibited from making such payment pursuant to event, the terms of Issuer shall provide the Trustee with the information required by this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;Section 3.03.
(viid) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness If any optional redemption or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time 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 on or prior to one Business Day prior to the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 6 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to holders in the final form such notice is to be delivered to holders and such notice may not be canceled.
Appears in 5 contracts
Sources: Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment Inc)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Notes; and
(ix) the Issuers’ 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 stated redemption record date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the TrusteeTrustee with the information required by this Section, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the proposed redemption date.
(c) Notice of any redemption may be given prior to the completion thereof, an Officerand any such redemption or notice may, at the Issuer’s Certificate requesting that discretion, be subject to one or more conditions precedent, including, but not limited to, in the Trustee give such notice. In such eventcase of any Equity Offering, completion of the Issuers shall provide the Trustee in writing with the information required by this Section 3.05related Equity Offering.
Appears in 5 contracts
Sources: Indenture (Intelsat S.A.), Indenture (Intelsat LTD), Indenture (Intelsat CORP)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be mailed by first-class mail or cause to be sent electronically a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but not including, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the Trustee, Trustee with the information required by this Section at least 45 10 days (unless a or such shorter period is as shall be acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In notice is to be provided to Holders and such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice may not be canceled.
Appears in 5 contracts
Sources: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder (at their registered address) whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenturepayment, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05at least five Business Days prior to the date of giving such notice of redemption.
Appears in 4 contracts
Sources: Merger Agreement, Indenture (NewPage Holdings Inc.), Indenture (Verso Paper Corp.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Paragraph Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 5 Business Days prior to the date such Notice of Redemption is to be sent (or such shorter period of time as may be acceptable to the Trustee), the Trustee, in the name of and at the expense of the applicable SecurityCompany, the Issuers shall mail deliver or cause to be mailed by first-class mail delivered a notice of redemption such Optional Redemption (a “Notice of Redemption”) not less than 55 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder whose Securities are so to be redeemed to as a whole or in part; provided, however, that, if the Company shall give such Holder’s registered address or otherwise in accordance with the procedures notice, it shall also give written notice of the DepositoryRedemption Date to the Trustee and the Paying Agent (if other than the Trustee). The Redemption Date must be a Business Day.
(b) The Notice of Redemption, except that if delivered in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such Notice of Redemption or any defect in the Notice of Redemption to the Holder of any Note designated for redemption notices may be delivered more than 60 days prior to as a redemption date if whole or in part shall not affect the notice is issued in connection with a defeasance validity of the Securities or a satisfaction and discharge proceedings for the redemption of this Indenture pursuant to Article 8 hereof. Any such notice any other Note.
(c) Each Notice of Redemption shall identify the Securities to be redeemed and shall statespecify:
(i) the redemption dateRedemption Date;
(ii) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iii) that on the name Redemption Date, the Redemption Price will become due and address of a Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are payable upon each Note to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemedthat interest thereon, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) thatif any, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases shall cease to accrue on and after the redemption dateRedemption Date;
(iv) the place or places where such Notes are to be surrendered for payment of the Redemption Price;
(v) that Holders may surrender their Notes for conversion at any time prior to the close of business on the Scheduled Trading Day immediately preceding the Redemption Date;
(vi) the procedures a converting Holder must follow to convert its Notes and the Settlement Method and Specified Dollar Amount, if applicable;
(vii) the CUSIP numberConversion Rate and, if applicable, the number of Additional Shares added to the Conversion Rate in accordance with Section 14.03;
(viii) the CUSIP, ISIN and/or “Common Code” numberor other similar numbers, if any, printed on the Securities being redeemedassigned to such Notes; and
(viiiix) that no representation in case any Note is made as to be redeemed in part only, the portion of the principal amount thereof to be redeemed and on and after the Redemption Date, upon surrender of such Note, a new Note in principal amount equal to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions unredeemed portion thereof shall be satisfied, or such redemption may not occur and such notice may issued. A Notice of Redemption shall be rescinded in the event that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayedirrevocable.
(bd) At If fewer than all of the Issuers’ requestoutstanding Notes are to be redeemed and the Notes to be redeemed are Global Notes, the Notes to be redeemed shall be selected by the Depositary in accordance with the applicable procedures of the Depositary. If fewer than all of the outstanding Notes are to be redeemed and the Notes to be redeemed are not Global Notes, the Trustee shall give select the notice Notes or portions thereof to be redeemed (in principal amounts of $1,000 or integral multiples in excess thereof) by lot, on a pro rata basis or by such other method as the Trustee deems appropriate and fair. If any Note selected for partial redemption specified is submitted for conversion in this Section 3.05 part after such selection, the portion of the Note submitted for conversion shall be deemed (so far as may be possible) to be the portion selected for redemption, subject, in the Issuers’ names and at the Issuers’ expense; providedcase of Notes represented by a Global Note, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an OfficerDepositary’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05applicable procedures.
Appears in 4 contracts
Sources: Indenture (PROS Holdings, Inc.), Indenture (PROS Holdings, Inc.), Indenture (PROS Holdings, Inc.)
Notice of Optional Redemption. (a) At Except for redemption pursuant to Section 3.07(e), notices of optional redemption will be given at least 30 days but not more than 60 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the DepositorySection 12.02, except that redemption notices may be delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Indenture.
(b) If any Note is to be redeemed and shall optionally redeemed, the notice of redemption that relates to that Note will state:
(i) the clause of this Indenture pursuant to which the redemption dateshall occur;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address principal amount of a Paying AgentNotes to be redeemed;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionapplicable CUSIP numbers;
(vi) that, a statement that the conditions precedent to such redemption have been satisfied.
(c) At the Company’s written request delivered at least 35 days prior to the redemption date unless the Issuers default Trustee consents to a shorter period, the Trustee will give the notice of optional redemption in making the Company’s name and at its expense; in such redemption payment or any Paying Agent is prohibited from making such payment pursuant to event, the terms of Company shall provide the Trustee with the information required by this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;Section 3.03.
(viid) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness If any optional redemption or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the redemption date may be delayed until such time 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 on or prior to one Business Day prior to the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 4 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding N.V.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 3 contracts
Sources: Indenture (OEI, Inc.), Indenture (Rexnord Corp), Indenture (Rexnord Corp)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05Section.
Appears in 3 contracts
Sources: Indenture (Covalence Specialty Adhesives LLC), Indenture (Goodman Holding CO), Indenture (Goodman Holding CO)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date (or such shorter period as is provided for in a redemption pursuant to Paragraph 5 of the applicable SecuritySection 3.10), the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes of a series are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes of a series to be redeemed and the aggregate principal amount of Securities Notes of a series to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenturepayment, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if Notes; and
(ix) the applicable provision in this Indenture or the Notes pursuant to which the Issuers are redeeming 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 3 contracts
Sources: Indenture (Hexion Specialty Chemicals, Inc.), Indenture (Borden Chemical Inc), Indenture (Hexion Specialty Chemicals, Inc.)
Notice of Optional Redemption. (a) At Except for redemption pursuant to Section 3.07(c), notices of optional redemption will be given at least 30 days but not more than 60 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the DepositorySection 12.02, except that redemption notices may be delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Indenture.
(b) If any Note is to be redeemed and shall optionally redeemed, the notice of redemption that relates to that Note will state:
(i) the clause of this Indenture pursuant to which the redemption dateshall occur;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address principal amount of a Paying AgentNotes to be redeemed;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionapplicable CUSIP numbers;
(vi) that, a statement that the conditions precedent to such redemption have been satisfied.
(c) At the Issuer’s written request delivered at least 35 days prior to the redemption date unless the Issuers default Trustee consents to a shorter period, the Trustee will give the notice of optional redemption in making the Issuer’s name and at its expense; in such redemption payment or any Paying Agent is prohibited from making such payment pursuant to event, the terms of Issuer shall provide the Trustee with the information required by this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;Section 3.03.
(viid) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness If any optional redemption or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time 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 on or prior to one Business Day prior to the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 3 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be mailed by first-class mail or cause to be sent electronically a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but not including, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the Trustee, Trustee with the information required by this Section at least 45 10 days (unless a or such shorter period is as shall be acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In notice is to be provided to Holders and such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice may not be canceled.
Appears in 3 contracts
Sources: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date In case the Borrower exercises its Borrower Optional Redemption right to redeem all or any part of this Note pursuant to Paragraph 5 of the applicable SecuritySection 10.01, the Issuers it shall mail fix a date for redemption (each, a “Borrower Redemption Date”) and it shall deliver or cause to be mailed by first-class mail delivered a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered Borrower Optional Redemption (a “Borrower Redemption Notice”) not less than 20 nor more than 60 calendar days prior to the Borrower Redemption Date to the Holder. The Borrower Redemption Date must be a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice Business Day.
(b) Each Borrower Redemption Notice shall identify the Securities to be redeemed and shall statespecify:
(i) the redemption dateBorrower Redemption Date;
(ii) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iii) that on the name Borrower Redemption Date, the Redemption Price will become due and address of a Paying Agentpayable upon this Note to be redeemed, and that interest thereon, if any, shall cease to accrue on and after the Borrower Redemption Date;
(iv) that Securities called the Holder may surrender this Note for redemption must be surrendered conversion at the Fixed Conversion Rate at any time prior to a Paying Agent to collect the redemption price, plus accrued interestclose of business on the Business Day immediately preceding the Borrower Redemption Date;
(v) if fewer than all the outstanding Securities are procedures the Holder must follow to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionconvert this Note;
(vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption dateFixed Conversion Rate;
(vii) in case this Note is to be redeemed in part only, the CUSIP numberportion of the principal amount thereof to be redeemed and on and after the Borrower Redemption Date, ISIN and/or “Common Code” numberupon surrender of this Note, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as a new Note in principal amount equal to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions unredeemed portion thereof 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 stated redemption date, or by the redemption date as so delayedissued.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 3 contracts
Sources: Senior Secured Convertible Note Amendment (Virgin Orbit Holdings, Inc.), Senior Secured Convertible Note Amendment (Virgin Orbit Holdings, Inc.), First Amendment to Senior Secured Convertible Note (Virgin Investments LTD)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail provide or cause to be mailed by first-class mail provided a written notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price (or manner of calculation thereof if not then known) and the amount of accrued and unpaid interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) that all outstanding Securities are to be redeemed or, if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if ; and
(ix) such redemption is subject to satisfaction of one other matters as the Issuer deems desirable or more conditions precedent, such notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayedappropriate.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with a notice containing the information required by this Section 3.053.05 at least five Business Days (unless the Trustee consents to a shorter period) prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 3 contracts
Sources: Indenture (Egalet Corp), Indenture (Egalet Us Inc.), Indenture (Egalet Corp)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be mailed by first-class mail or cause to be sent electronically a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the Trustee, Trustee with the information required by this Section at least 45 10 days (unless a or such shorter period is as shall be acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In notice is to be provided to Holders and such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice may not be canceled.
Appears in 3 contracts
Sources: Indenture (Berry Plastics Group Inc), Indenture (Berry Plastics Corp), Indenture (Berry Plastics Corp)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date (or such shorter period as is provided for in a redemption pursuant to Paragraph 5 of the applicable SecuritySection 3.10), the Issuers Issuer shall mail or electronically transmit or cause to be mailed by first-class mail or electronically transmitted a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes of a series are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes of a series to be redeemed and the aggregate principal amount of Securities Notes of a series to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenturepayment, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if Notes; and
(ix) the applicable provision in this Indenture or the Notes pursuant to which the Issuer is redeeming 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.053.05 no later than 45 days before the Redemption Date (unless a shorter notice shall be agreed to by the Trustee).
Appears in 3 contracts
Sources: Indenture (Affinion Group, Inc.), Indenture (Affinion Loyalty Group, Inc.), Indenture (Watchguard Registration Services, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail deliver or cause to be delivered by electronic transmission or mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) When and so long as the Securities are listed on the Official List of the Luxembourg Stock Exchange and may be traded and on the Luxembourg Stock Exchange’s Euro MTF Market and the rules of the Luxembourg Stock Exchange so require, the Company will inform the Luxembourg Stock Exchange of any such redemption and will publish a notice regarding such redemption in a leading newspaper having a general circulation in Luxembourg (which is expected to be d’Wort) or on the Luxembourg Stock Exchange’s website, ▇▇▇.▇▇▇▇▇▇.▇▇.
(c) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 3 contracts
Sources: Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC)
Notice of Optional Redemption. (a) At least 30 Not more than 60 calendar days but not more less than 60 30 calendar days before prior to a redemption date pursuant to Paragraph 5 of Redemption Date in connection with an Optional Redemption (the applicable Security“Optional Redemption Required Notice Period”), the Issuers Company shall mail or cause to be mailed a written notice of redemption (a “Notice of Optional Redemption”) by first-class mail a notice mail, postage prepaid (in the case of redemption Securities held in book entry form, by electronic transmission), to the Trustee, the Paying Agent and each Holder whose of Securities are to be redeemed to such Holder’s registered address or otherwise redeemed, at their addresses set forth in accordance with the procedures of Register; provided however, that the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any Company shall not deliver any such notice to any Holder, the Trustee or the Paying Agent at any time when there exists any Default or an Event of Default. The Notice of Optional Redemption shall identify specify the Securities to be redeemed and shall state:
(i) the redemption dateRedemption Date;
(ii) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iii) the applicable Conversion Rate, the applicable Conversion Price and the Settlement Method to be used in respect of any conversion of Securities;
(iv) the name and address of a the Paying Agent and Conversion Agent;
(ivv) that Securities called for redemption may be converted at any time before the Close of Business on the Business Day immediately preceding the Redemption Date (or, if the Company fails to pay the Redemption Price, such date on which the Company pays the Redemption Price), at which time the right of the Holder to convert such Securities called for redemption will expire;
(vi) that Holders who want to convert Securities must satisfy the requirements set forth therein and in this Indenture;
(vii) that Securities called for redemption must be surrendered to a the Paying Agent for cancellation to collect the redemption price, plus accrued interestRedemption Price;
(vviii) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers (if such Securities are held other than in global form) and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(viix) that, unless the Issuers default Company defaults in making payment of such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this IndentureRedemption Price, interest on Securities (or portion thereof) called for redemption ceases will cease to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemedRedemption Date; and
(viiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on of the Securities. In addition, if At the time that such redemption Notice of Optional 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 Issuers’ discretionprovided, the redemption date Company will publish a notice containing such information in a newspaper of general circulation in The City of New York or publish the information on the Company’s website or through such other public medium as the Company 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 use at that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed.
(b) time. At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have Company’s written request delivered to the Trustee, at least 45 days five Business Days (unless a shorter time period is shall be acceptable to the Trustee) prior to the redemption datedate such Notice of Optional Redemption is to be given, an Officer’s Certificate requesting that the Trustee shall give such notice. In such event, the Issuers shall provide Notice of Optional Redemption to each Holder of Securities to be redeemed within the Trustee Optional Redemption Required Notice Period in writing with the information required by this Section 3.05Company’s name and at the Company’s expense.
Appears in 3 contracts
Sources: Note Purchase Agreement (Broadcom Cayman L.P.), Indenture (Avago Technologies LTD), Indenture (Avago Technologies LTD)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ Company’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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have Company has delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 3 contracts
Sources: Indenture (Phoenix Consulting Group, LLC), Indenture (Remington Arms Co Inc/), Indenture (Freedom Group, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “"Common Code” " number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “"Common Code” " number, if any, listed in such notice or printed on the Securities. 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 Notes; and
(ix) the Issuers’ 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 stated redemption record date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer's request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer's name and at the Issuers’ Issuer's expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the TrusteeTrustee with the information required by this Section, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the proposed redemption date.
(c) Notice of any redemption may be given prior to the completion thereof, an Officer’s Certificate requesting that and any such redemption or notice may, at the Trustee give such notice. In such eventIssuer's discretion, be subject to one or more conditions precedent, including, but not limited to, in the Issuers shall provide case of any Equity Offering, completion of the Trustee in writing with the information required by this Section 3.05related Equity Offering.
Appears in 3 contracts
Sources: Indenture (Intelsat LTD), Indenture (Intelsat LTD), Indenture (PanAmSat Holding CORP)
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail or cause to be mailed sent by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or electronically, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption datedate and any conditions to such redemption;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, subject to satisfaction of any conditions to such redemption, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the SecuritiesNotes.
(b) At the Company’s request, the Trustee shall deliver the notice of redemption in the Company’s name and at the Company’s expense. In such event, the Company shall provide the Trustee with the information required by this Section 3.05 at least two Business Days prior to the date such notice is to be provided to holders in the final form such notice is to be delivered to holders and such notice may not be canceled. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, Incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof. In addition, if any such redemption is described above 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. If any redemption is so subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ Company’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 (or waived by the stated Company in its sole discretion) by the redemption date, or by the redemption date as so delayed.
delayed (b) At which may exceed 60 days from the Issuers’ requestdate of the redemption notice in such case). In addition, the Trustee shall give the Company may provide in such notice that payment of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officerprice and performance of the Company’s Certificate requesting that the Trustee give obligations with respect to such notice. In such event, the Issuers shall provide the Trustee in writing with the information required redemption may be performed by this Section 3.05another Person.
Appears in 3 contracts
Sources: Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Securitydate, the Issuers Issuer shall mail or cause to be mailed by first-class mail mail, postage prepaid, a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes of a series are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, or if any Note is to be redeemed in part only, the aggregate portion of the principal amount of Securities the Note that is to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionredeemed;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenturepayment, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if Notes; and
(ix) the applicable provision in this Indenture or the Notes pursuant to which the Issuer is redeeming 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, provided that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.053.05 no later than 40 days before the redemption date (unless a shorter notice shall be agreed to by the Trustee).
Appears in 3 contracts
Sources: Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.)
Notice of Optional Redemption. With respect to any redemption of Notes pursuant to Section 3.01(a), (ab) At or (c), at least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityRedemption Date, the Issuers Issuer shall mail send electronically or cause to be mailed by first-class mail a notice of redemption by first class mail to each Holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance with the procedures of the Depositoryaddress. For Notes that are represented by Global Notes, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance given by delivery of the Securities or a satisfaction and discharge of this Indenture pursuant relevant notices to Article 8 hereofthe Depositary for communication to its Participants. Any such The notice shall identify the Securities Notes to be redeemed (including CUSIP Number) and shall state:
(i) the redemption dateRedemption Date;
(ii) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iii) the name and address of a each Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the applicable Paying Agent in order to collect the redemption price, plus accrued interestRedemption Price;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such the redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenturepayment, interest on Securities (or portion thereof) Notes called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders is to receive payment of the Redemption Price plus accrued interest to the Redemption Date upon surrender of the Notes to the Paying Agent;
(vi) that, in the case of a redemption datepursuant to Section 3.01(a) or Section 3.01(b) of Definitive Registered Notes, if any such Note is being redeemed in part, the portion of the principal amount (equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof) of such Note to be redeemed and that, on and after the Redemption Date, upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof with a minimum denomination of $2,000 will be issued, and that, in the case of such a partial redemption of Global Notes, the Trustee shall endorse Schedule A to each Global Note surrendered for redemption to reflect the decrease in principal amount resulting from such redemption;
(vii) that, if any such notice contains a CUSIP as provided in Section 2.12, no representation is being made as to the correctness of the CUSIP number, ISIN and/or “Common Code” number, if any, either as printed on the Securities being redeemedNotes or as contained in the notice of redemption and that reliance may be placed only on the other identification numbers printed on the Notes; and
(viii) that no representation if the redemption is made as conditioned upon any subsequent event, a description of such condition or event. At the Issuer’s request (which request may be revoked by the Issuer at any time prior to the correctness or accuracy of time at which the CUSIP number or ISIN and/or “Common Code” number, if any, listed in Trustee shall have given such notice to the Holders), made in writing to the Trustee at least 60 days (or printed on the Securities. 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 Issuers’ discretion, the redemption date may be delayed until such time shorter period as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in satisfactory to the event that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed.
(bTrustee) At the Issuers’ requestbefore a Redemption Date, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; providedexpense of the Issuer. If, however, that the Issuers have delivered Issuer gives such notice to the TrusteeHolders, at least 45 days (unless a shorter period is acceptable the Issuer shall concurrently deliver to the Trustee) prior to the redemption date, Trustee an Officer’s Officers’ Certificate requesting stating that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice has been given.
Appears in 3 contracts
Sources: Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc), Indenture (Manitowoc Co Inc)
Notice of Optional Redemption. (a) At With respect to any redemption of Notes pursuant to Section 3.07, notices of optional redemption will be given at least 30 days 10 but not more than 60 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the DepositorySection 13.01, except that notices of redemption notices may be delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Indenture.
(b) If any Note is to be redeemed and shall optionally redeemed, the notice of redemption that relates to that Note will state:
(i) the clause of this Indenture pursuant to which the redemption shall occur;
(ii) the redemption date;
(iiiii) the principal amount of Notes to be redeemed;
(iv) the redemption price and the amount of accrued interest to and Additional Amounts, if any, to, but excluding, the redemption date;
(iiiv) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;; and
(vi) thatthe applicable ISIN or Common Code numbers, as applicable.
(c) At the Issuers’ written request delivered at least 35 days prior to the redemption date unless the Trustee consents to a shorter period in writing, the Trustee shall give the notice of optional redemption in the Issuers’ name and at their expense; in such event, the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to shall provide the terms of Trustee with the information required by this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;Section 3.03
(viid) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness If any optional redemption or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived) by the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of delayed and such redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered provisions may be adjusted to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing comply with the information required by this Section 3.05requirements of the applicable Depositary.
Appears in 2 contracts
Sources: Indenture (Coty Inc.), Indenture (Coty Inc.)
Notice of Optional Redemption. (a) At least 30 days but The Issuer will redeem Notes of $2,000 or less in whole and not more than 60 days before a in part. The Issuer will cause notices of redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption (or with respect to each Holder whose Securities are Global Notes, to be redeemed to such Holder’s registered address the extent permitted or otherwise in accordance with the required by applicable DTC procedures of the Depositoryor regulations, except that redemption notices may be delivered sent electronically) at least 30 but not more than 60 days prior to a before the redemption date if the notice is issued in connection with a defeasance to each Holder of the Securities or a satisfaction and discharge of this Indenture pursuant Notes to Article 8 hereofbe redeemed at its registered address. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i1) the redemption date;
(ii2) the redemption price and the amount of accrued interest to the redemption date;
(iii3) the name and address of a the Paying Agent;
(iv4) that Securities Notes called for redemption must be surrendered to a the Trustee or Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v5) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi6) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii7) the CUSIP number, number and/or ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) 8) that no representation is made as to the correctness or accuracy of the CUSIP number or and/or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(9) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ 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 if any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed; and
(10) at the Issuer’s option, that the payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, Incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof, and any such redemption or notice 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.
(b) At the Issuers’ Issuer’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ expense; provided, however, that the Issuers have delivered Issuer’s expense subject to the Trusteeterms of Section 3.03. In such event, the Issuer shall notify the Trustee of such request at least 45 days three (unless a 3) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to Holders.
Appears in 2 contracts
Sources: Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail or cause to be mailed by first-class mail mail, or delivered electronically if held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Company’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided. In such event, however, that the Issuers have delivered to Company shall notify the Trustee, Trustee of such request at least 45 days seven (unless a 7) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such noticenotice is to be provided to holders. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (Rayonier Advanced Materials Inc.), Indenture (Rayonier Inc)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayed; and
(x) at the Issuers’ option, that the payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuers’ 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 pursuant to this Section 3.05 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, without limitation, on a date that is less than 30 days after the original redemption date or more than 60 days after the date of the applicable notice of redemption.
(b) At the Issuers’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided. In such event, however, that the Issuers have delivered to shall notify the Trustee, Trustee of such request at least 45 days three (unless a 3) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption datedate such notice is to be provided to holders. Except as provided in Section 3.05(a), an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (ADT, Inc.), Indenture (ADT, Inc.)
Notice of Optional Redemption. (a) At least 30 days 10 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” numbernumber and ISIN, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” numberISIN, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuer in its sole discretion), or and/or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the stated Issuer 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 Issuer if the Issuer determines in its sole discretion that any or all of such conditions will not be satisfied (or waived); and
(x) at the Issuer’s option, that the payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, Incurrence of Indebtedness, 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 3.05 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 (or waiver) of any applicable conditions precedent, including, without limitation, 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 Article III, except as may be required by the applicable procedures of the Depository.
(b) At the Issuers’ Issuer’s written request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ expense; providedIssuer’s expense in accordance with Section 3.03. In such event, howeverbut in all respects subject to Section 3.03, that the Issuers have delivered to Issuer shall notify the Trustee, Trustee of such request at least 45 days three Business Days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (Chart Industries Inc), Indenture (Chart Industries Inc)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 the applicable terms of the applicable SecurityNotes or any Additional Notes, as the case may be, the Issuers shall mail deliver or cause to be delivered by electronic transmission or mailed by first-class mail a notice of redemption to each Holder holder whose Securities Notes are to be redeemed redeemed. Such notice shall be sent to such Holderholder’s registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must shall be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all of the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” Code number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” Code number, if any, listed in such notice or printed on the SecuritiesNotes.
(b) At the Issuers’ request, the Trustee shall deliver the notice of redemption in the Issuers’ name and at the Issuers’ expense. In additionsuch event, if the Issuers shall provide the Trustee with the information required by this Section at least three Business Days prior to the date such notice is to be provided to holders in the final form such notice is to be delivered to holders, or such shorter period as is satisfactory to the Trustee.
(c) Notice of any redemption of the Notes in connection with a corporate transaction (including an Equity Offering, an incurrence of Indebtedness or a Change of Control) may, at the Issuers’ discretion, be given prior to the completion thereof and any such redemption is or notice, at the Issuers’ discretion, may be subject to satisfaction of one or more conditions precedent, including, but not limited to, completion of the related transaction. If such redemption is subject to any such conditions precedent, the notice of redemption shall describe each such condition, and if applicable, shall in respect thereof may state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions precedent shall be satisfiedsatisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions precedent shall not have been satisfied (or waived by the stated Issuers in their sole discretion) by the redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityRedemption Date in connection with an Optional Redemption, the Issuers Company shall mail or cause to be mailed by first-class mail give a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise (a “Notice of Optional Redemption”) in accordance with Section 19.03 to the procedures Trustee, the Paying Agent and each Holder of Notes to be redeemed. At the Depositorytime that Notice of Optional Redemption is provided, except the Company will publish a notice containing the information required in the Notice of Optional Redemption in a newspaper of general circulation in the City of New York or publish the information on the Company’s website or through such other public medium as the Company may use at that redemption notices may be delivered more than 60 days prior to a redemption date if time. The Notice of Optional Redemption shall specify the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(ia) the redemption dateRedemption Date;
(iib) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iiic) the applicable Conversion rate;
(d) the name and address of a the Paying Agent and Conversion Agent;
(ive) that Securities Notes called for redemption may be converted at any time prior to the close of business on the Business Day immediately preceding the Redemption Date unless the Company fails to pay the Redemption Price;
(f) the Holders who elect to convert Notes must satisfy the requirements set forth therein and in this Indenture;
(g) that Notes called for redemption must be surrendered to a the Paying Agent for cancellation to collect receive the redemption price, plus accrued interestRedemption Price;
(vh) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers (if such Notes are Physical Notes) and principal amounts of the particular Securities notes to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vii) that, unless the Issuers default Company defaults in making payment of such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this IndentureRedemption Price, interest on Securities (or portion thereof) called for redemption ceases interest, if any, will cease to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemedRedemption Price; and
(viiij) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” numberof the Notes, if any, listed in . At the Company’s written request delivered at least 5 days prior to the date such notice or printed on the Securities. In addition, if such redemption Notice of Optional 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 Issuers’ discretion, the redemption date may be delayed until such given (unless a shorter time as any or all such conditions period shall be satisfied, or such redemption may not occur and such notice may be rescinded in acceptable to the event that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ requestTrustee), the Trustee shall give the notice Notice of redemption specified in this Section 3.05 Optional Redemption to each Holder of Notes to be redeemed in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (Orexigen Therapeutics, Inc.), Indenture (Orexigen Therapeutics, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNotes, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise send such notice in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the SecuritiesNotes. 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 Issuers’ Company’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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have Company has delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)
Notice of Optional Redemption. (a) At least 30 days 10 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail mail, or delivered electronically if held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositorySecond Lien Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture the Notes pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes including CUSIP numbers to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ request, the Second Lien Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide notify the Second Lien Trustee of such request at least five (5) Business Days (or such shorter period as is acceptable to the Second Lien Trustee) prior to the date such notice is to be provided to holders. Such notice shall be in writing with and may be sent to the information required Second Lien Trustee via electronic mail. Except as set forth in paragraph 5 of the Note, the notice of redemption may not be canceled once delivered to holders of Notes by this Section 3.05the Second Lien Trustee.
Appears in 2 contracts
Sources: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Dollar Securities and/or Euro Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “"Common Code” " number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “"Common Code” " number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company's request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company's name and at the Issuers’ Company's expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05Section.
Appears in 2 contracts
Sources: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Energy Services Equatorial Guinea LLC)
Notice of Optional Redemption. (a) At least 30 days 10 but not more than 60 30 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote or Section 3.02 of this Indenture, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayeddelayed (provided that no such redemption date may be delayed such that it would occur more than 60 days after the delivery of the notice of redemption); and
(x) at the Issuers’ option, that the payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a corporate transaction or other event.
(b) At the Issuers’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided. In such event, however, that the Issuers have delivered to shall notify the Trustee, Trustee of such request at least 45 days three (unless a 3) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenturepayment, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05at least five Business Days prior to the date of giving such notice of redemption.
Appears in 2 contracts
Sources: Indenture (Verso Paper Corp.), Indenture (Verso Paper Corp.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail deliver or cause to be delivered by electronic transmission or mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price equal to 100% of the principal amount thereof and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all of the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number number, ISIN or ISIN and/or “Common Code” number”, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05at least five Business Days prior to the date such notice is to be provided to Holders, or such shorter period as is satisfactory to the Trustee, and such notice may not be canceled.
Appears in 2 contracts
Sources: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)
Notice of Optional Redemption. (a) At least 30 days 15 or 30, as set forth in Paragraph 5 of the Note, but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail or cause to be mailed by first-class mail mail, or delivered electronically if held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption datedate and any conditions precedent to such redemption;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN number and/or “Common Code” numberISIN, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” numberISIN, if any, listed in such notice or printed on the SecuritiesNotes; and
(ix) the Section of the Indenture pursuant to which the redemption shall occur.
(b) Notice of any redemption of notes may, at the Company’s discretion, be given prior to the completion of a transaction (including an Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice may, at the Company’s discretion, be subject to the satisfaction (or waiver by the Company) of one or more conditions precedent, including, but not limited to, completion of a related transaction. In addition, if If such redemption is so 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 Issuers’ Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived) by the stated 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. If any such condition precedent has not been satisfied (b) At or waived by the Issuers’ requestCompany), the Company shall provide written notice to the Trustee on or prior to the redemption date. Upon receipt, the Trustee shall give provide such notice to each holder in the same manner in which the notice of redemption specified was given. Upon receipt of such notice by holders, the notice of redemption shall be rescinded or delayed, and the redemption of the notes shall be rescinded or delayed, in this Section 3.05 each case as provided in such notice.
(c) At the Company’s request in an Officers’ Certificate, the Trustee shall deliver the notice of redemption in the Issuers’ names Company’s name and at the Issuers’ expense; providedCompany’s expense on the date specified in such request. In such event, however, that the Issuers have delivered to Company shall notify the Trustee, Trustee of such request at least 45 five days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such noticenotice is to be provided to holders. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (XPO Logistics, Inc.), Indenture (XPO Logistics, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest (including Additional Interest, if any) to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Trustee or Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayed.; and
(bx) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, howeveroption, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to payment of the redemption date, an Officer’s Certificate requesting that price and performance of the Trustee give Issuers’ obligations with respect to such notice. In such event, the Issuers shall provide the Trustee in writing with the information required redemption may be performed by this Section 3.05another Person.
Appears in 2 contracts
Sources: Exchange Agreement (Talos Energy Inc.), Exchange Agreement (SAILFISH ENERGY HOLDINGS Corp)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail deliver or cause to be delivered by electronic transmission or mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price equal to 100% of the principal amount thereof and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all of the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number number, ISIN or ISIN and/or “Common Code” number”, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 2 contracts
Sources: Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the DepositoryDepositary, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the IssuersHoldings’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Holdings shall provide notify the Trustee in writing with of such request at least three (3) Business Days prior to the information required by this Section 3.05date such notice is to be provided to holders. Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (Athlon Energy Inc.), Indenture (Athlon Energy Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Notes; and
(ix) the Issuers’ 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 stated redemption record date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the TrusteeTrustee with the information required by this Section, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the proposed redemption date.
(c) Notice of any redemption may be given prior to the completion thereof, and any such redemption or notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, in the case of any Equity Offering, completion of an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Equity Offering.
Appears in 2 contracts
Sources: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s written request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the Trustee, Trustee with the information required by this Section at least 45 15 days (unless a or such shorter period is as shall be acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In notice is to be provided to Holders and such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice may not be canceled.
Appears in 2 contracts
Sources: Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ 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 stated redemption date, or by the redemption date as so delayed; and
(x) at the Issuer’s option, that the payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Indebtedness, 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 3.05 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, without limitation, on a date that is less than 30 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 Article III.
(b) At the Issuers’ Issuer’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall notify the Trustee, Trustee of such request at least 45 days three Business Days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (Rackspace Technology, Inc.), Indenture (Rackspace Technology, Inc.)
Notice of Optional Redemption. (a) At In the event Notes are to be redeemed pursuant to paragraph 5 of the Notes, at least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityRedemption Date, the Issuers Company shall mail or cause to be mailed send, by first-class mail mail, a notice of redemption to each Holder at its registered address whose Securities Notes are to be redeemed to such Holder’s registered address in whole or otherwise in accordance with the procedures of the Depositorypart, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of copy to the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofTrustee. Any such The notice shall identify the Securities Notes or portions thereof to be redeemed (including the CUSIP number, if any) and shall state:
(ia) the redemption dateRedemption Date;
(iib) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iiic) if any Note is being redeemed in part, 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 in principal amount equal to the unredeemed portion will be issued;
(d) the name and address of a the Paying Agent;
(ive) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption priceRedemption Price, plus Additional Interest, if any, and, unless the Redemption Date is after a record date and on or before the succeeding interest payment date, accrued interestinterest thereon to the Redemption Date;
(vf) that, unless the Company defaults in making the redemption payment, interest and any Additional Interest on Notes called for redemption will cease to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price, any Additional Interest and, unless the Redemption Date is after a record date and on or before the succeeding interest payment date, accrued interest thereon to the Redemption Date upon surrender to the Paying Agent of the Notes redeemed;
(g) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts identification of the particular Securities Notes (or portions thereof) to be redeemed, as well as the aggregate principal amount of Securities the Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vih) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment section of this Indenture pursuant to which the terms of this Indenture, interest on Securities (or portion thereof) Notes called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities are being redeemed; and
(viiii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such notice of redemption shall describe each such condition, Notes and if applicable, shall state that, in the Issuers’ discretion, the redemption date that reliance 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 placed only on the event that any or all such conditions shall not have been satisfied by other identification numbers printed on the stated redemption date, or by the redemption date as so delayed.
(b) Notes. At the Issuers’ Company's request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company's name and at the Issuers’ its expense; provided, however, provided that the Issuers have delivered Company shall deliver to the Trustee, at least 45 35 days prior to the Redemption Date (unless a shorter period is acceptable to the Trustee) prior to the redemption date), an Officer’s Officers' Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with notice and setting forth the information required by this Section 3.05to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Sources: Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except ; provided that redemption notices may be delivered mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities satisfaction or a satisfaction and discharge of this Indenture or defeasance of the Notes pursuant to Article 8 hereofthe Indenture. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers (if applicable) and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if any such redemption is may be subject to satisfaction of one or more conditions precedent, provided that in such case, such notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 or Paragraph 6 of the applicable form of Original Security, the Issuers Issuer shall mail deliver or cause to be delivered by electronic transmission or mailed by first-class mail mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (or otherwise deliver such notice in accordance with applicable Euroclear and Clearstream procedures), a notice of redemption to each Holder whose Securities are to be redeemed redeemed; provided, however, that for so long as the Securities are listed on the Irish Stock Exchange and admitted to such Holder’s registered address or otherwise in accordance with trading on the procedures Alternative Securities Market thereof and the guidelines of the DepositoryIrish Stock Exchange so require, except that the Issuer shall deliver notice of redemption notices may be delivered more than 60 days prior to a redemption date if the Companies Announcement Office in Dublin and, with respect to Definitive Securities only, mail such notice is issued in connection with a defeasance to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofRegistrar. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date and record date;
(ii) the redemption price and the amount of accrued interest to the redemption datedate as calculated by the Issuer or an agent or adviser thereof;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, paragraph of the Securities and/or Section of this Indenture pursuant to which the Securities called for redemption are being redeemed;
(viii) the ISIN and/or “the Common Code” number, if any, printed on the Securities being redeemed; and
(viiiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “the Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 2 contracts
Sources: Senior Notes Indenture (RenPac Holdings Inc.), Senior Subordinated Notes Indenture (RenPac Holdings Inc.)
Notice of Optional Redemption. (a) At least 30 days 10 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail or cause to be mailed by first-class mail mail, or delivered electronically in accordance with the Depository’s procedures if held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the applicable redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the SecuritiesNotes;
(ix) if the redemption is subject to the satisfaction of one or more conditions precedent; and
(x) at the Company’s option, that the payment of the redemption price and performance of the Company’s obligations with respect to such redemption may be performed by another Person.
(b) At the Company’s request, the Trustee shall deliver the notice of redemption in the Company’s name and at the Company’s expense. In additionsuch event, if the Company shall notify the Trustee of such request at least five (5) Business Days (or such shorter period as is acceptable to the Trustee) prior to the date such notice is to be provided to holders. Such notice shall be in writing and may be sent to the Trustee as a .pdf attachment via electronic mail. Such notice may not be canceled once delivered to holders of Notes.
(c) Notice of any redemption may, at the Company’s discretion, be given prior to the completion of a transaction (including an Asset Sale, an Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice may, at the Company’s discretion, be subject to the satisfaction (or waiver by the Company) of one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption is so subject to satisfaction of one or more conditions precedent, such notice of such redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the applicable 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 satisfiedsatisfied (or waived by the Company), 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 stated Company) by such redemption date, or by the such redemption date as so delayed.
(b) At the Issuers’ request. 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. If any such condition precedent has not been satisfied (or waived by the Company), the Company shall provide written notice to the Trustee shall give and the holders no later than the close of business on the Business Day prior to the applicable redemption date (or such other date as may be required pursuant to the applicable procedures of the Depository). Upon the Company providing such written notice to the Trustee and mailing or causing to be mailed by first-class mail, or delivering electronically in accordance with the Depository’s procedures if held by the Depository, such written notice to the holders, the notice of redemption specified in this Section 3.05 in the Issuers’ names shall be rescinded or delayed, and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption dateof the Notes shall be rescinded or delayed, an Officer’s Certificate requesting that the Trustee give in each case as provided in such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (Stem, Inc.), Indenture (TheRealReal, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before prior to a redemption date pursuant to the optional redemption provisions of Paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail or cause to be mailed by first-class mail (or otherwise delivered in accordance with the procedures of DTC) a notice of redemption to each Holder whose Securities Notes are to be redeemed to at such Holder’s registered address (except that such notice of redemption may be mailed (or otherwise delivered in accordance with the procedures of the Depository, except that redemption notices may be delivered DTC) more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofSection 8.01). Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued and unpaid interest to the redemption date; provided that in connection with a redemption under the second subparagraph of Paragraph 5 of the Note, the initial notice need not set forth the redemption price but only the manner of calculation thereof;
(iii) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(iv) the name and address of a the Paying Agent;
(ivv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(vvi) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vivii) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(viiviii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viiiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if Notes; and
(x) any conditions to 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedredemption.
(b) At the Issuers’ Company’s written request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided. In such event, however, that the Issuers have delivered to Company shall provide the Trustee, Trustee with the information required by this Section at least 45 15 days (unless a or such shorter period is as shall be acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to Holders.
Appears in 2 contracts
Notice of Optional Redemption. (a) At Except for redemption pursuant to Section 3.07(e), notices of optional redemption will be given at least 30 days but not more than 60 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the DepositorySection 12.02, except that redemption notices may be delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Indenture.
(b) If any Note is to be redeemed and shall optionally redeemed, the notice of redemption that relates to that Note will state:
(i) the clause of this Indenture pursuant to which the redemption dateshall occur;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address principal amount of a Paying AgentNotes to be redeemed;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionapplicable CUSIP numbers;
(vi) that, a statement that the conditions precedent to such redemption have been satisfied.
(c) At the Company's written request delivered at least 35 days prior to the redemption date unless the Issuers default Trustee consents to a shorter period, the Trustee will give the notice of optional redemption in making the Company's name and at its expense; in such redemption payment or any Paying Agent is prohibited from making such payment pursuant to event, the terms of Company shall provide the Trustee with the information required by this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;Section 3.03.
(viid) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness If any optional redemption or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company's discretion, the redemption date may be delayed until such time 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 on or prior to one Business Day prior to the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest (including Additional Interest, if any) to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Issuer’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide notify the Trustee in writing with of such request at least three (3) Business Days prior to the information required by this Section 3.05date such notice is to be provided to holders. Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Amended and Restated Indenture (Cott Corp /Cn/), Indenture (DS Services of America, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest (including Additional Interest, if any) to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the IssuersMHGE Holdings’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers MHGE Holdings shall provide notify the Trustee in writing with of such request at least three (3) Business Days prior to the information required by this Section 3.05date such notice is to be provided to holders. Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (McGraw-Hill Interamericana, Inc.), Indenture (McGraw-Hill Global Education LLC)
Notice of Optional Redemption. (a) At least 30 days 10 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII or if the redemption date is delayed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuer in its sole discretion), or and/or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the stated Issuer in its sole discretion) by the redemption date, or by the redemption date as so delayeddelayed and/or that such notice may be rescinded at any time by the Issuer if the Issuer determines in its sole discretion that any or all of such conditions will not be satisfied (or waived); and
(x) at the Issuer’s option, that the payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, Incurrence of Indebtedness, 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 3.05 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 (or waiver) of any applicable conditions precedent, including, without limitation, 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 Article III.
(b) At the Issuers’ Issuer’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall notify the Trustee, Trustee of such request at least 45 days three Business Days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (Rackspace Technology, Inc.), Indenture (Rackspace Technology, Inc.)
Notice of Optional Redemption. (a) At With respect to any redemption of Notes pursuant to Section 3.07, notices of optional redemption will be given at least 30 days 10 but not more than 60 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the DepositorySection 13.01, except that notices of redemption notices may be delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Indenture.
(b) If any Note is to be redeemed and shall optionally redeemed, the notice of redemption that relates to that Note will state:
(i) the clause of this Indenture pursuant to which the redemption shall occur;
(ii) the redemption date;
(iiiii) the principal amount of Notes to be redeemed;
(iv) the redemption price and the amount of accrued interest to interest, if any, to, but excluding, the redemption date;
(iiiv) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;; and
(vi) that, the CUSIP numbers.
(c) At the Issuers’ written request delivered at least 35 days prior to the redemption date unless the Trustee consents to a shorter period in writing, the Trustee shall give the notice of optional redemption in the Issuers’ name and at their expense; in such event, the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to shall provide the terms of Trustee with the information required by this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;Section 3.03
(viid) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness If any optional redemption or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived) by the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of delayed and such redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered provisions may be adjusted to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing comply with the information required by this Section 3.05Applicable Procedures.
Appears in 2 contracts
Sources: Indenture (Coty Inc.), Indenture (Coty Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail deliver a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to holders in the final form such notice is to be delivered to holders and such notice may not be canceled.
Appears in 2 contracts
Sources: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp)
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityForm of Security set forth in Exhibit A hereto, the Issuers Issuer shall mail send or cause to be mailed sent, electronically or by first-class mail mail, a notice of redemption to each Holder (with a copy to the Trustee and Paying Agent) whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except ; provided that redemption notices may be delivered provided more than 60 days prior to a redemption date if the notice is issued in connection with a satisfaction or discharge of this Indenture or defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofthis Indenture. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers (if applicable) and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of the Securities to be redeemed and the aggregate principal amount of the Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” numbernumber and ISIN, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In connection with any redemption of Securities (including with funds in an aggregate amount not exceeding the net cash proceeds of an Equity Offering), any such redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including the completion of any related Equity Offering. In addition, if such redemption or notice 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 Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was sent) as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuer 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 stated redemption date, or by the redemption date as so delayed. In addition, the Issuer may provide in such notice that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have Issuer has delivered to the Trustee, at least 45 days 5 Business Days (unless a shorter period is acceptable to the Trustee) prior to the date the redemption datenotice is sent to Holders, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (CLARIVATE PLC), Indenture (CLARIVATE PLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes, or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but not including, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuers at their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the stated Issuers at their sole discretion) by the redemption date, or by the redemption date as so delayed; and
(x) at the Issuers’ option, that the payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Unless the Issuers default in the payment of the redemption price, interest will cease to accrue on the Notes or portion thereof called for redemption on the applicable redemption date. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuers’ 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 3.05 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 (or waived by the Issuers in their sole discretion), including, without limitation, on a date that is less than 30 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 Issuers 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 III.
(b) At the IssuersHoldings’ written request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided. In such event, however, that Holdings shall notify the Issuers have delivered to the Trustee, Trustee of such request at least 45 days three (unless a 3) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (EP Energy Corp), Indenture (EP Energy Corp)
Notice of Optional Redemption. (a) At least 30 days 15 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail mail, or delivered electronically if held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryFirst Lien Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture the Notes pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes including CUSIP numbers to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ request, the First Lien Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide notify the First Lien Trustee of such request at least five (5) Business Days (or such shorter period as is acceptable to the First Lien Trustee) prior to the date such notice is to be provided to holders. Such notice shall be in writing with and may be sent to the information required First Lien Trustee via electronic mail. Except as set forth in paragraph 5 of the Note, the notice of redemption may not be canceled once delivered to holders of Notes by this Section 3.05the First Lien Trustee.
Appears in 2 contracts
Sources: Indenture (Mallinckrodt PLC), Exchange Agreement (Mallinckrodt PLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers numbers, Accreted Value and principal amounts amount at maturity of the particular Securities to be redeemed, the aggregate principal amount at maturity of Securities to be redeemed and the aggregate agregate principal amount at maturity of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, Accreted Value or interest on Securities (or portion thereof) called for redemption ceases to accrue accrete or accrue, as the case may be, on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if anynumber or ISIN, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if anyISIN, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ ' request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names ' name and at the Issuers’ ' expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Section.
Appears in 2 contracts
Sources: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Finance Holdings Inc.)
Notice of Optional Redemption. (a) At least 30 days 10 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each Holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuer in its sole discretion), or and/or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the stated Issuer 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 Issuer if the Issuer determines in its sole discretion that any or all of such conditions shall not be satisfied (or waived); and
(x) at the Issuer’s option, that the payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, Incurrence of Indebtedness, Change of Control or other transaction) may, at the Issuer’s discretion, 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 3.08 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 (or waiver) of any applicable conditions precedent, including, without limitation, on a date that is more than 60 days after the date of the applicable notice of redemption. To the extent that the redemption date shall 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, which redemption date shall accommodate any timing requirements of the Depository then in effect, 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 III.
(b) At the Issuers’ Issuer’s written request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall notify the Trustee, Trustee of such request at least 45 days five Business Days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to Holders.
Appears in 2 contracts
Sources: Indenture (Coronado Global Resources Inc.), Indenture (Coronado Global Resources Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Trustee or Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers (if applicable) and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayed; and
(x) at the Issuers’ option, that the payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, Incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuers’ 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 3.05 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, without limitation, on a date that is less than 30 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 Article III.
(b) At the Issuers’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; providedexpense subject to the terms of Section 3.03 hereof. In such event, however, that the Issuers have delivered to shall notify the TrusteeTrustee of such request no later than 12:00 noon, New York City time, at least 45 days three Business Days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (Muzak Capital, LLC), Indenture (Muzak Capital, LLC)
Notice of Optional Redemption. (a) At least 30 days 10, but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail or cause to be mailed by first-class mail mail, or delivered electronically if held by DTC, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption datedate and any conditions precedent to such redemption;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN number and/or “Common Code” numberISIN, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” numberISIN, if any, listed in such notice or printed on the SecuritiesNotes; and
(ix) the Section of this Indenture pursuant to which the redemption shall occur.
(b) Notice of any redemption of Notes may, at the Company’s discretion, be given prior to the completion of a transaction (including an Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice may, at the Company’s discretion, be subject to the satisfaction (or waiver by the Company) of one or more conditions precedent, including, but not limited to, completion of a related transaction. In addition, if If such redemption is so 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 Issuers’ Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived) by the stated 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. If any such condition precedent has not been satisfied (b) At or waived by the Issuers’ requestCompany), the Company shall provide written notice to the Trustee on or prior to the redemption date. Upon receipt, the Trustee shall give provide such notice to each holder in the same manner in which the notice of redemption specified was given. Upon receipt of such notice by holders, the notice of redemption shall be rescinded or delayed, and the redemption of the Notes shall be rescinded or delayed, in this Section 3.05 each case as provided in such notice.
(c) At the Company’s request in an Officers’ Certificate, the Trustee shall deliver the notice of redemption in the Issuers’ names Company’s name and at the Issuers’ expense; providedCompany’s expense on the date specified in such request. In such event, however, that the Issuers have delivered to Company shall notify the Trustee, Trustee of such request at least 45 five days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such noticenotice is to be provided to holders. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (XPO, Inc.), Indenture (XPO, Inc.)
Notice of Optional Redemption. (a) At Notice of redemption will be mailed by first-class mail and in the case of Notes held in book-entry form, by electronic transmission at least 30 10 days but not more than 60 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed at his or her registered address. Any notice to Holders of Notes of such Holder’s registered address or otherwise a redemption pursuant to clause (c) in accordance with paragraph 5 needs to include the procedures appropriate calculation of the Depositoryredemption price, except that redemption notices may be delivered more than 60 days prior but does not need to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) include the redemption price and itself. The actual redemption price, calculated as described in such clause (c), must be set forth in an Officers’ Certificate delivered to the amount of accrued interest Trustee no later than two Business Days prior to the redemption date;
(iii) the name and address . Notes in denominations larger than $2,000 may be redeemed in part but only in whole multiples of a Paying Agent;
(iv) that Securities called for redemption must be surrendered $1,000. If money sufficient to a Paying Agent to collect pay the redemption price, plus price of and accrued interest;
interest on all Notes (vor portions thereof) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed on the redemption date is deposited with the Paying Agent on or before the redemption date and the aggregate principal amount of Securities to be outstanding certain other conditions are satisfied, on and after such partial redemption;
(vi) that, unless the Issuers default in making date interest ceases to accrue on such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion such portions thereof) called for redemption. Any redemption ceases or notice of any redemption or offer to accrue on and after purchase Notes may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an Equity Offering, other offering or financing, Change of Control Triggering Event or other corporate transaction or event. Notice of any redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as in respect of an Equity Offering may be given prior to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securitiescompletion thereof. In addition, if such redemption or notice 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 Issuers’ Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied and a new redemption date will be set by the Company in accordance with applicable DTC procedures, 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request. In addition, the Trustee shall give the Company may provide in such notice that payment of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officerprice and performance of the Company’s Certificate requesting that the Trustee give obligations with respect to such notice. In such event, the Issuers shall provide the Trustee in writing with the information required redemption may be performed by this Section 3.05another Person.
Appears in 2 contracts
Sources: Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Notes; and
(ix) the Issuers’ 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 stated redemption record date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall provide the TrusteeTrustee with the information required by this Section, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the proposed redemption date.
(c) Notice of any redemption may be given prior to the completion thereof, and any such redemption or notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, in the case of any Equity Offering, completion of an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Equity Offering.
Appears in 2 contracts
Sources: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 the optional redemption provisions of the applicable SecuritySection 3.09 hereof, the Issuers shall send electronically, mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, (except that such notice of redemption notices may be delivered mailed more than 60 days prior to a redemption date if the notice is (i) issued in connection with a defeasance Section 8.01 or (ii) conditioned upon satisfaction (or waiver by the Issuers in their sole discretion) of one or more conditions precedent and any or all such conditions shall not have been satisfied (or waived by the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofIssuers in their sole discretion)). Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued and unpaid interest (including PIK Interest) to the redemption date;
(iii) the Section of this Indenture pursuant to which the Securities called for redemption are being redeemed;
(iv) the name and address of a the Paying Agent;
(ivv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(vvi) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vivii) any condition to such redemption;
(viii) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(viiix) the CUSIP number, ISIN and/or “"Common Code” " number, if any, printed on the Securities being redeemed; and
(viiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “"Common Code” " number, if any, listed in such notice or printed on the Securities.
(b) At the Issuers' written request, the Trustee shall give the notice of redemption in the Issuers' name and at the Issuers' expense. In such event, the Issuers shall provide the Trustee with the information required by this Section at least 2 Business Days (or such shorter period as shall be acceptable to the Trustee) prior to the date such notice is to be provided to Holders.
(c) Notice of any redemption of Securities described above may be given prior to such redemption, and any such redemption or notice may, at the Issuers' sole discretion, be subject to one or more conditions precedent, and any notice of redemption made in connection with a related transaction or event may, at the Issuers' discretion, be given prior to the completion or the occurrence thereof. Any such notice may provide that redemptions made pursuant to different provisions will have different redemption dates. 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 and, if applicable, shall state that, in the Issuers’ ' sole discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuers in their sole discretion), or that 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, in the Issuers' sole discretion) by the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the or that such notice of redemption specified in this Section 3.05 may be rescinded at any time in the Issuers’ names and at ' discretion if in the Issuers’ expense; provided, however, that good faith judgment of the Issuers have delivered any or all of such conditions will not be satisfied. If any such condition precedent has not been satisfied, the Issuers shall provide written notice to the Trustee, at least 45 days (unless a shorter period is acceptable Trustee prior to the Trustee) close of business on the Business Day immediately prior to the redemption date. Upon receipt of such notice, an Officer’s Certificate requesting that the Trustee give notice of redemption shall be rescinded or delayed, and the redemption of the Securities shall be rescinded or delayed as provided in such notice. Upon receipt, the Trustee shall deliver such notice to each Holder. In such eventaddition, the Issuers shall may provide in such notice that payment of the Trustee in writing redemption price and performance of the Issuers' obligations with the information required respect to such redemption may be performed by this Section 3.05another Person.
Appears in 2 contracts
Sources: Indenture (Party City Holdco Inc.), Indenture (Party City Holdco Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes, or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but not including, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayed; and
(x) at the Issuers’ option, that the payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuers’ 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 3.05 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, without limitation, on a date that is less than 30 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 Issuers 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 III.
(b) At the IssuersHoldings’ written request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided. In such event, however, that Holdings shall notify the Issuers have delivered to the Trustee, Trustee of such request at least 45 days three (unless a 3) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (EP Energy Corp), Indenture (EP Energy Corp)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote (or at least three (3) Business Days in the case of a Special Mandatory Redemption pursuant to Paragraph 5 of the Note), the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities or Notes, a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII or a Special Mandatory Redemption pursuant to Article XIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the IssuersHoldings’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Holdings shall provide notify the Trustee in writing with of such request at least three (3) Business Days prior to the information required by this Section 3.05date such notice is to be provided to holders. Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (MBOW Four Star, L.L.C.), Indenture (MBOW Four Star, L.L.C.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ their expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05Section.
Appears in 2 contracts
Sources: Third Supplemental Indenture (Verso Paper Corp.), Indenture (Verso Sartell LLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityRedemption Date in connection with an Optional Redemption, the Issuers Company shall mail or cause to be mailed by first-class mail provide a notice of redemption (a “Notice of Optional Redemption”) to each Holder whose of Securities are to be redeemed to at such Holder’s registered address or otherwise in accordance with kept by the procedures Security Registrar.
(b) The Notice of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice Optional Redemption shall identify the Securities to be redeemed and shall state:
(i) the redemption dateRedemption Date;
(ii) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iii) the applicable Conversion Rate as of the Trading Day prior to the date of the mailing of the Notice of Optional Redemption;
(iv) the name and address of a the Paying Agent and the Conversion Agent;
(ivv) that Securities called for redemption must be surrendered to a the Paying Agent for cancellation to collect the redemption price, plus accrued interestRedemption Price;
(vvi) that the Securities called for redemption may be converted at any time before 5:00 p.m., New York City time, on the second Business Day prior to the Redemption Date;
(vii) that Holders who wish to convert their Securities must satisfy the requirements set forth in Article XIII;
(viii) that, unless the Company defaults in making payment of the Redemption Price for the Securities (or portions thereof) called for redemption, any interest (including Additional Interest Amounts or Additional Amounts, if any) on Securities (or portions thereof) called for redemption will cease to accrue on and after the Redemption Date, and the only remaining right of the Holder will be to receive payment of the Redemption Price upon presentation and surrender to the Paying Agent of the Securities;
(ix) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers number (if such Securities are held other than in global form) and principal amounts Principal Amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on numbers for the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedSecurities called for redemption.
(bc) At at the Issuers’ Company’s request, the Trustee shall give the notice Notice of redemption specified in this Section 3.05 Optional Redemption in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, Company makes such request at least 45 days five Business Days (unless a shorter period is acceptable shall be satisfactory to the Trustee or the Co-Trustee, as applicable) prior to the redemption datedate by which such Notice of Optional Redemption must be given to the Holders in accordance with this Section 3.03; provided, an Officer’s Certificate requesting further, that the Trustee give such notice. In such event, text of the Issuers Notice of Optional Redemption shall provide be prepared by the Trustee Company in writing consultation with the information required by this Section 3.05Trustee.
Appears in 2 contracts
Sources: Indenture (Biovail Corp International), Indenture (Biovail Corp International)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNotes, the Issuers Company shall mail or cause to be mailed by first-class mail mail, or delivered electronically if the Notes are held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to (including Additional Interest, if any) to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Company’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided. In such event, however, that the Issuers have delivered to Company shall notify the Trustee, Trustee of such request at least 45 days seven (unless a 7) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such noticenotice is to be provided to holders. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Such notice may not be canceled once delivered to holders of Notes.
Appears in 2 contracts
Sources: Indenture (Enpro Industries, Inc), Indenture (Enpro Industries, Inc)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to holders in the final form such notice is to be delivered to holders and such notice may not be canceled.
Appears in 2 contracts
Sources: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest (including Additional Interest, if any) to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Trustee or Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayed; and
(x) at the Issuers’ option, that the payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, incurrence of Indebtedness, Change of Control or other transaction) may be given prior to the completion thereof. In addition, any redemption or notice thereof may, at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a corporate transaction or other event.
(b) At the IssuersHoldings’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered expense subject to the Trusteeterms of Section 3.03 hereof. In such event, Holdings shall notify the Trustee of such request at least 45 days three (unless a 3) Business Days (or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 2 contracts
Sources: Indenture (Talos Energy Inc.), Exchange Agreement (Stone Energy Corp)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph Section 5 or Section 6 of the applicable Securityform of Senior Note, the Issuers shall mail deliver or cause to be delivered by electronic transmission or mailed by first-class mail mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (or otherwise deliver such notice in accordance with applicable DTC procedures), a notice of redemption to each Holder whose Securities Senior Notes are to be redeemed redeemed; provided, however, that with respect to Definitive Securities only, the Issuers shall mail such Holder’s registered address or otherwise in accordance with notice to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the procedures registration books of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofRegistrar. Any such notice shall identify the Securities Senior Notes to be redeemed and shall state:
(i) the redemption date and record date;
(ii) the redemption price and the amount of accrued interest to the redemption datedate as calculated by the Issuers or an agent or adviser thereof;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Senior Notes called for redemption must be surrendered to a the Paying Agent (or if book-entry, in accordance with DTC procedures) to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Senior Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Senior Notes to be redeemed, the aggregate principal amount of Securities Senior Notes to be redeemed and the aggregate principal amount of Securities Senior Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Senior Notes Indenture, interest on Securities the Senior Notes (or a portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP numberparagraph of the Senior Notes and/or Section of this Senior Notes Indenture pursuant to which the Senior Notes called for redemption are being redeemed;
(viii) the CUSIP, ISIN and/or “the Common Code” number, if any, printed on the Securities Senior Notes being redeemed; and
(viiiix) that no representation is made as to the correctness or accuracy of the CUSIP number or CUSIP, ISIN and/or “the Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedSenior Notes.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.053.05 at least one Business Day (or as soon as commercially practicable thereafter) prior to the date such notice is to be provided to Holders and such notice may not be canceled.
(c) If any Senior Note is to be redeemed in part only, the notice of redemption that relates to that Senior Note shall state the portion of the principal amount thereof to be redeemed. In the case of a Definitive Security, a new Senior Note in currency and in principal amount equal to the unredeemed portion of the original Senior Note will be issued in the name of the noteholder thereof upon cancellation of the original Senior Note. In the case of a Global Senior Security, an appropriate notation will be made on such Senior Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. Subject to the terms of the applicable redemption notice, Senior Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest shall cease to accrue on the Senior Notes or portions of them called for redemption so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of, plus accrued and unpaid interest and premium (if any) on, the Senior Notes to be redeemed.
Appears in 2 contracts
Sources: Senior Notes Indenture (Beverage Packaging Holdings (Luxembourg) IV S.a r.l.), Senior Notes Indenture (RenPac Holdings Inc.)
Notice of Optional Redemption. (a) At least 30 days 15 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNotes, the Issuers Issuer shall mail or cause to be mailed by first-class mail mail, or delivered electronically if the Notes are held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to and unpaid interest, if any, to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes; and
(ix) if such the redemption is subject to satisfaction conditioned upon any subsequent event, a description of one such condition or more conditions precedent, such notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayedevent.
(b) At the Issuers’ Issuer’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall notify the Trustee, Trustee of such request at least 45 days seven (unless a 7) Business Days (or such shorter period as is acceptable to the Trustee) prior to the date such notice is to be provided to holders. Except with respect to a redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such conditioned upon any subsequent event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05such notice may not be canceled once delivered to holders.
Appears in 2 contracts
Sources: Indenture (Interface Inc), Indenture (Installed Building Products, Inc.)
Notice of Optional Redemption. (a) At Notices of optional redemption will be given at least 30 days 10 but not more than 60 30 days before a the redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are of Notes to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the DepositorySection 12.02, except that redemption notices may be delivered given more than 60 30 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities Indenture.
(b) If any Note is to be redeemed and shall optionally redeemed, the notice of redemption that relates to that Note will state:
(i) the clause of this Indenture pursuant to which the redemption dateshall occur;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address principal amount of a Paying AgentNotes to be redeemed;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionapplicable CUSIP numbers;
(vi) that, a statement that the conditions precedent to such redemption have been satisfied.
(c) At the Issuer’s written request delivered at least 15 days prior to the redemption date unless the Issuers default Trustee consents to a shorter period, the Trustee will give the notice of optional redemption in making the Issuer’s name and at its expense; in such redemption payment or any Paying Agent is prohibited from making such payment pursuant to event, the terms of Issuer shall provide the Trustee with the information required by this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;Section 3.03.
(viid) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness If any optional redemption or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time 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 on or prior to one Business Day prior to the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 2 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise in accordance with the procedures of the Depository, except that a notice of redemption notices may to each Holder (at their registered address) whose Securities are to be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05at least five Business Days prior to the date of giving such notice of redemption. Such notice may not be cancelled once delivered to Holders of the Securities.
Appears in 1 contract
Sources: Indenture (Verso Paper Holdings LLC)
Notice of Optional Redemption. Notice of an Optional Redemption (aa "Notice of Optional Redemption") At of the New Notes pursuant to Section 14.01 shall be given by the Issuers or, at the Issuers' request, by the New Indenture Trustee, if the Issuers shall have delivered to the New Indenture Trustee, at least 45 days prior to the Optional Redemption Date (or such lesser number of days as shall be acceptable to the New Indenture Trustee), an Issuers' Certificate requesting that the New Indenture Trustee give a Notice of Optional Redemption. In the case of an Optional Redemption pursuant to Section 14.01(a)(ii)(A), the New Indenture Trustee shall give the Notice of Optional Redemption upon receipt of notice from the Class B Shareholder that an Optional Redemption is to be effected pursuant to the foregoing clause. In the case of an Optional Redemption pursuant to Section 14.01(a)(ii)(C), the New Indenture Trustee shall give the Notice of Optional Redemption upon receipt of notice from the Indenture Trustee that an Optional Redemption is to be effected pursuant to the foregoing clause. Any Notice of Optional Redemption shall be given to each New Noteholder by first class mail or airmail, postage prepaid, at their last addresses as they shall appear upon the Note Register. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the New Holder receives the notice. Once Notice of Optional Redemption is mailed in accordance with this Section 14.02, New Notes called for redemption become irrevocably due and payable on the Optional Redemption Date at the Optional Redemption Price. A Notice of Optional Redemption may not be conditional. Failure to give such notice by mail or any defect in the notice to any New Noteholder shall not affect the validity of the proceedings for the redemption with respect to the New Notes held by other New Noteholders. Each Notice of Optional Redemption shall be given at least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities to be redeemed Optional Redemption Date and shall state:
specify (ia) the redemption date;
Optional Redemption Date; (iib) the redemption price formula by which the Optional Redemption Price will be calculated on the Optional Redemption Date and the amount of accrued and unpaid interest, if any, to be due as of the Optional Redemption Date as a part of the Optional Redemption Price; (c) that, on the Optional Redemption Date, the Optional Redemption Price will become due and payable upon each such New Note to be redeemed and that interest shall cease to accrue on such New Note on and after such date; (d) if any New Note is being redeemed in part, the portion of the principal amount of such New Note to be redeemed and that, after the Optional Redemption Date, upon surrender of such New Note, a new New Note or new New Notes in principal amount equal to the redemption date;
unredeemed portion shall be issued upon cancellation of the original New Note; (iiie) the name and address of a the Paying Agent;
; (ivf) that Securities New Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
Optional Redemption Price; (vg) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts paragraph of the particular Securities to be redeemed, New Notes and/or the aggregate principal amount Section of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment this New Indenture pursuant to which the terms of this Indenture, interest on Securities (or portion thereof) New Notes called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities are being redeemed; and
and (viiih) that no representation is made as to the correctness or accuracy of the CUSIP number CUSIP, CINS or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNew Notes.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 1 contract
Sources: Indenture (El Paso Corp/De)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date In case the Company exercises its Optional Redemption right to redeem the Notes pursuant to Paragraph 5 Section 4.01, it shall fix a date for redemption (each, a “Redemption Date”), which must be a Business Day, and it or, at its written request received by a Trust Officer of the applicable SecurityTrustee at its Corporate Trust Office not less than 75 calendar days (45 calendar days if the Redemption Notice specifies that the Company elects to satisfy its Conversion Obligation in respect of such conversion by Physical Settlement or if Stockholder Approval has not been obtained by the Company) prior to the Redemption Date (or such shorter period of time as may be acceptable to the Trustee), the Issuers Trustee, in the name of and at the expense of the Company, shall mail or cause to be mailed by first-class mail or deliver electronically a notice of redemption such Optional Redemption (a “Redemption Notice”) not less than 65 nor more than75 calendar days (not less than 30 nor more than 45 calendar days if the Redemption Notice specifies that the Company elects to satisfy its Conversion Obligation in respect of such conversion by Physical Settlement or if Stockholder Approval has not been obtained by the Company) prior to the Redemption Date to each Holder whose Securities are to be redeemed to of Notes at its last address as the same appears on the Register; provided, however, that if the Company shall give such Holder’s registered address or otherwise in accordance with the procedures notice, it shall also provide a copy of the DepositoryRedemption Notice to the Trustee, except that the Paying Agent and the Conversion Agent.
(b) The Redemption Notice, if mailed in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such Redemption Notice by mail or any defect in the Redemption Notice to the Holder of any Note designated for redemption notices may be delivered more than 60 days prior to as a redemption date if whole or in part shall not affect the notice is issued in connection with a defeasance validity of the Securities or a satisfaction and discharge proceedings for the redemption of this Indenture pursuant to Article 8 hereof. Any such notice any other Note.
(c) Each Redemption Notice shall identify the Securities to be redeemed and shall statespecify:
(i) the redemption dateRedemption Date;
(ii) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iii) that on the name Redemption Date, the Redemption Price will become due and address of a Paying Agentpayable upon all outstanding Notes, and that interest thereon shall cease to accrue on and after said date;
(iv) that Securities called for redemption must the place or places where such Notes are to be surrendered to a Paying Agent to collect for payment of the redemption price, plus accrued interestRedemption Price;
(v) if fewer than all that Holders may surrender their Notes for conversion at any time prior to the outstanding Securities are to be redeemed, Close of Business on the certificate numbers and principal amounts of Business Day immediately preceding the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemptionRedemption Date;
(vi) that, unless the Issuers default in making such redemption payment or procedures a converting Holder must follow to convert its Notes and the Settlement Method (if applicable) and Specified Dollar Amount (if applicable) that will apply to any Paying Agent is prohibited from making such payment pursuant to conversion during the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption dateapplicable Redemption Period;
(vii) the CUSIP numberConversion Rate and the Observation Period (if applicable) that will apply to any conversion during the Redemption Period;
(viii) the CUSIP, ISIN and/or “Common Code” numberor other similar numbers, if any, printed on assigned to such Notes; and
(ix) in case any Note is to be redeemed in part only, the Securities being portion of the principal amount thereof to be redeemed; and
(viiid) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions A Redemption Notice 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 stated redemption date, or by the redemption date as so delayedirrevocable.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 1 contract
Notice of Optional Redemption. (ai) At least 30 days but not more than 60 days before a redemption date In case the Corporation wishes to exercise its Optional Redemption right to redeem all or, as the case may be, any portion of the Notes pursuant to Paragraph 5 of the applicable SecuritySection 2.3, the Issuers it shall mail or cause to be mailed by first-class mail fix a date for redemption (each, a “Redemption Date”) and it shall deliver a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered Optional Redemption (a “Redemption Notice”) not less than thirty (30) calendar days nor more than 60 seventy (70) calendar days prior to the Redemption Date to the Purchaser. The Redemption Date must be a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;business day.
(ii) The Redemption Notice, if given in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Purchaser receives such notice. In any case, failure to give such Redemption Notice or any defect in the Redemption Notice to the Purchaser of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption price and the amount of accrued interest to the redemption date;any other Note.
(iii) Each Redemption Notice shall specify:
(A) the name and address of a Paying AgentRedemption Date;
(ivB) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interestRedemption Price;
(vC) if fewer than all that on the outstanding Securities are Redemption Date, the Redemption Price will become due and payable upon each Note to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemedthat interest thereon, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) thatif any, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indentureshall, interest on Securities (or portion thereof) called for redemption ceases once paid, cease to accrue on and after the redemption dateRedemption Date (provided, for the avoidance of doubt, any interest not paid when due shall continue to accrue);
(viiD) the CUSIP numberplace or places where such Notes are to be surrendered for payment of the Redemption Price;
(E) that the Purchaser may surrender all or any portion of its Notes for conversion at any time prior to the close of business on the business day immediately preceding the Redemption Date;
(F) the then-applicable Conversion Rate;
(G) the CUSIP, ISIN and/or “Common Code” numberor other similar numbers, if any, printed on the Securities being redeemedassigned to such Notes; and
(viiiH) that no representation in case any Note is made as to be redeemed in part only, the portion of the principal amount thereof to be redeemed and on and after the Redemption Date, upon surrender of such Note, a new Note in principal amount equal to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions unredeemed portion thereof 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 stated redemption date, or by the redemption date as so delayedissued.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 days 15 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNotes, the Issuers Issuer shall mail or cause to be mailed by first-class mail mail, or delivered electronically if the Notes are held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption dateprice;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes; and
(ix) if such the redemption is subject to satisfaction conditioned upon any subsequent event, a description of one such condition or more conditions precedent, such notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption 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 stated redemption date, or by the redemption date as so delayedevent.
(b) At the Issuers’ Issuer’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall notify the Trustee, Trustee of such request at least 45 days five (unless a 5) Business Days (or such shorter period as is acceptable to the Trustee) prior to the date such notice is to be provided to holders. Except with respect to a redemption dateconditioned upon any subsequent event, an Officer’s Certificate requesting that such notice may not be canceled once delivered to holders.
(c) Notice of any redemption upon any Equity Offering may be given prior to the Trustee give such noticecompletion thereof. In addition, any redemption described above or notice thereof may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Equity Offering in the case of a redemption upon completion of an Equity Offering. The Issuer may provide in any such event, notice that payment of the Issuers shall provide redemption price and the Trustee in writing performance of its obligations with the information required respect to such redemption may be performed by this Section 3.05another Person.
Appears in 1 contract
Sources: Indenture (TopBuild Corp)
Notice of Optional Redemption. (a) At least 30 days 15 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail or cause to be mailed by first-class mail mail, or delivered electronically in accordance with the Depository’s procedures if held by the Depository, a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s at its registered address or otherwise in accordance (with a copy to the procedures of the DepositoryTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the applicable redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but excluding, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the SecuritiesNotes.
(b) At the Company’s request, the Trustee shall deliver the notice of redemption in the Company’s name and at the Company’s expense. In additionsuch event, if the Company shall notify the Trustee of such request at least five (5) Business Days (or such shorter period as is acceptable to the Trustee) prior to the date such notice is to be provided to holders. Such notice may not be canceled once delivered to holders of Notes.
(c) Notice of any redemption may, at the Company’s discretion, be given prior to the completion of a transaction (including an Asset Sale, an Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice may, at the Company’s discretion, be subject to the satisfaction (or waiver by the Company) of one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption is so subject to satisfaction of one or more conditions precedent, such notice of such redemption shall describe each such condition, and if applicable, shall state that, in the Issuers’ Company’s discretion, the applicable redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Company), 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 stated Company) by such redemption date, or by the such redemption date as so delayed.
(b) At the Issuers’ request. 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. If any such condition precedent has not been satisfied (or waived by the Company), the Company shall provide written notice to the Trustee shall give and the holders no later than the close of business on the business day prior to the applicable redemption date (or such other date as may be required pursuant to the applicable procedures of the Depository). Upon the Company providing such written notice to the Trustee and mailing or causing to be mailed by first-class mail, or delivering electronically in accordance with the Depository’s procedures if held by the Depository, such written notice to the holders, the notice of redemption specified in this Section 3.05 in the Issuers’ names shall be rescinded or delayed, and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption dateof the Notes shall be rescinded or delayed, an Officer’s Certificate requesting that the Trustee give in each case as provided in such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to the optional redemption provisions of Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be mailed by first-class mail (or otherwise delivered in accordance with the procedures of the Depositary) a notice of redemption to each Holder whose Securities are to be redeemed to (except that such Holder’s registered address notice of redemption may be mailed (or otherwise delivered in accordance with the procedures of the Depository, except that redemption notices may be delivered Depositary) (i) more than 60 days prior to a redemption date if the notice is issued in connection with Section 8.01 hereof or (ii) at least 15 days before a defeasance redemption date if the redemption is occurring pursuant to Paragraph 5(d) of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofSecurity). Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued and unpaid interest to the redemption date; provided that in connection with a redemption under Paragraph 5(a) of the Security, the initial notice need not set forth the redemption price but only the manner of calculation thereof;
(iii) the paragraph or subparagraph of the Securities and/or Section of this Indenture pursuant to which the Securities called for redemption are being redeemed;
(iv) the name and address of a the Paying Agent;
(ivv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(vvi) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vivii) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(viiviii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viiiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s written request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ Issuer’s names and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.05at least 15 days (or such shorter period as shall be acceptable to the Trustee, except with respect to certain tender offers for the Securities, including a Change of Control Offer or Asset Sale Offer, as set forth in paragraph 5(d) of the Security) prior to the date such notice is to be provided to Holders.
Appears in 1 contract
Sources: Indenture (PQ Group Holdings Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Company shall mail or cause to be delivered by electronic transmission or mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Dollar Securities and/or Euro Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05Section.
Appears in 1 contract
Sources: Indenture (Nalco Holding CO)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail provide or cause to be mailed by first-class mail provided a written notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price (or manner of calculation thereof if not then known) and the amount of accrued and unpaid interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest;
(v) that all outstanding Securities are to be redeemed or, if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or or “Common Code” number, if any, printed on the Securities being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or or “Common Code” number, if any, listed in such notice or printed on the Securities; and
(ix) such other matters as the Issuer deems desirable or appropriate. In additionNotice of any redemption pursuant to this Section 3.05 may, if such redemption is at the Issuer’s direction, be revocable and be 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 including the Issuers’ 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 receipt by the stated Trustee, on or prior to the redemption date, or by of money sufficient to pay the redemption date as so delayedprincipal of, and premium, if any, and interest on, the Securities being redeemed.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with a notice containing the information required by this Section 3.053.05 at least five Business Days (unless the Trustee consents to a shorter period) prior to the date such notice is to be provided to Holders and such notice may not be canceled but may be subject to such conditions precedent as shall be set forth in such notice.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 Not more than 60 calendar days but not more less than 60 30 calendar days before prior to a redemption date pursuant to Paragraph 5 of Redemption Date in connection with an Optional Redemption (the applicable Security“Optional Redemption Required Notice Period”), the Issuers Company shall mail or cause to be mailed a written notice of redemption (a “Notice of Optional Redemption”) by first-class mail a notice mail, postage prepaid (in the case of redemption Securities held in book entry form, by electronic transmission), to the Trustee, the Paying Agent and each Holder whose of Securities are to be redeemed to such Holder’s registered address or otherwise redeemed, at their addresses set forth in accordance with the procedures of Register; provided however, that the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any Company shall not deliver any such notice to any Holder, the Trustee or the Paying Agent at any time when there exists any Default or an Event of Default. The Notice of Optional Redemption shall identify specify the Securities to be redeemed and shall state:
(i) the redemption dateRedemption Date;
(ii) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iii) the applicable Conversion Rate and applicable Conversion Price;
(iv) the name and address of a the Paying Agent and Conversion Agent;
(ivv) that Securities called for redemption may be converted at any time before the Close of Business on the Business Day immediately preceding the Redemption Date (or, if the Company fails to pay the Redemption Price, such date on which the Company pays the Redemption Price), at which time the right of the Holder to convert such Securities called for redemption will expire; Table of Contents
(vi) that Holders who want to convert Securities must satisfy the requirements set forth therein and in this Indenture;
(vii) that Securities called for redemption must be surrendered to a the Paying Agent for cancellation to collect the redemption price, plus accrued interestRedemption Price;
(vviii) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers (if such Securities are held other than in global form) and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(viix) that, unless the Issuers default Company defaults in making payment of such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this IndentureRedemption Price, interest on Securities (or portion thereof) called for redemption ceases will cease to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemedRedemption Date; and
(viiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on of the Securities. In addition, if At the time that such redemption Notice of Optional 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 Issuers’ discretionprovided, the redemption date Company will publish a notice containing such information in a newspaper of general circulation in The City of New York or publish the information on the Company’s website or through such other public medium as the Company 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 use at that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed.
(b) time. At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have Company’s written request delivered to the Trustee, at least 45 days five Business Days (unless a shorter time period is shall be acceptable to the Trustee) prior to the redemption datedate such Notice of Optional Redemption is to be given, an Officer’s Certificate requesting that the Trustee shall give such notice. In such event, the Issuers shall provide Notice of Optional Redemption to each Holder of Securities to be redeemed within the Trustee Optional Redemption Required Notice Period in writing with the information required by this Section 3.05Company’s name and at the Company’s expense.
Appears in 1 contract
Sources: Indenture (Avago Technologies LTD)
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be electronically delivered or mailed by first-class mail a notice of redemption to the registered address of each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption dateprice;
(iii) the name and address of a Paying Agentthe paying agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent the paying agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s written request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing and the paying agent with the information required by this US-DOCS\124080491.2 Section 3.05at least five Business Days prior to the date such notice is to be provided to Holders (or such shorter period as the Trustee may agree in its sole discretion) and such notice may not be canceled. For Global Securities held on behalf of Euroclear or Clearstream, notices may be given by delivery of the relevant notices to Euroclear or Clearstream for communication to entitled account holders in substitution for the aforesaid mailing. So long as any Securities are listed on the Official List of the Luxembourg Stock Exchange and admitted for trading on the Euro MTF Market and the rules of the Luxembourg Stock Exchange so require, any such notice to the Holders of the relevant Securities shall also be published in a newspaper having a general circulation in the Grand Duchy of Luxembourg (which is expected to be the Luxemburger Wort) or, to the extent and in the manner permitted by such rules, posted on the official website of the Luxembourg Stock Exchange (▇▇▇.▇▇▇▇▇▇.▇▇) and, in connection with any redemption, the Issuer will notify the Luxembourg Stock Exchange of any change in the principal amount of Securities outstanding.
Appears in 1 contract
Sources: Indenture (Constellium Se)
Notice of Optional Redemption. (a) At In the event Notes are to be redeemed pursuant to Section 3.7, at least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityRedemption Date, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder by first-class mail at its registered address, whose Securities Notes are to be redeemed in whole or in part, with a copy to such Holder’s registered address or otherwise in accordance with the procedures Trustee. In the event Notes are to be redeemed pursuant to Section 3.11, as soon as practicable following the delivery to the Trustee of the DepositoryOfficers’ Certificate required by Section 3.11(b), except that the Issuers shall mail a notice of redemption notices may to each Holder by first-class mail at its registered address, whose Notes are to be delivered more than 60 days prior to a redemption date if the notice is issued redeemed in connection whole or in part, with a defeasance of copy to the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofTrustee. Any such The notice shall identify the Securities Notes or portions thereof to be redeemed (including the CUSIP number, if any) and shall state:
(ia) the redemption dateRedemption Date;
(iib) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iiic) if any Note is being redeemed in part, 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 in principal amount equal to the unredeemed portion will be issued in the name of the Holder thereof upon cancellation of the original Note;
(d) the name and address of a the Paying Agent;
(ive) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption priceRedemption Price, plus and, unless the Redemption Date is after a record date and or before the succeeding interest payment date, accrued interestinterest thereon to the Redemption Date;
(vf) that, unless the Issuers default in making the redemption payment, interest on Notes called for redemption will cease to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price and, unless the Redemption Date is after a record date and on or before the succeeding interest payment date, accrued interest thereon to the Redemption Date upon surrender to the Paying Agent of the Notes redeemed;
(g) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts identification of the particular Securities Notes (or portions thereof) to be redeemed, as well as the aggregate principal amount of Securities the Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vih) that, unless the Issuers default in making such redemption payment or any Paying Agent is prohibited from making such payment paragraph of the Notes pursuant to which the terms of this Indenture, interest on Securities (or portion thereof) Notes called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities are being redeemed; and
and (viiii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such notice of redemption shall describe each such condition, Notes and if applicable, shall state that, in the Issuers’ discretion, the redemption date that reliance 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 placed only on the event that any or all such conditions shall not have been satisfied by other identification numbers printed on the stated redemption date, or by the redemption date as so delayed.
(b) Notes. At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ their expense; provided, however, provided that the Issuers have delivered shall deliver to the Trustee, at least 45 40 days (unless a shorter period is acceptable to the Trustee) prior to the Redemption Date (or as soon as practicable in the event of a redemption dateunder Section 3.11), an Officer’s Officers’ Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with notice and setting forth the information required by this Section 3.05to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 the optional redemption provisions of the applicable SecuritySection 3.09 hereof, the Issuers Issuer shall send electronically, mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, (except that such notice of redemption notices may be delivered mailed more than 60 days prior to a redemption date if the notice is (i) issued in connection with a defeasance Section 8.01 or (ii) conditioned upon satisfaction (or waiver by the Issuer in its sole discretion) of one or more conditions precedent and any or all such conditions shall not have been satisfied (or waived by the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofIssuer in its sole discretion)). Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued and unpaid interest to the redemption date;
(iii) the paragraph or subparagraph of the Securities and/or Section of this Indenture pursuant to which the Securities called for redemption are being redeemed;
(iv) the name and address of a the Paying Agent;
(ivv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(vvi) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vivii) any condition to such redemption;
(viii) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(viiix) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities.
(b) At the Issuer’s written request, the Trustee shall give the notice of redemption in the Issuer’s name and at the Issuer’s expense. In such event, the Issuer shall provide the Trustee with the information required by this Section at least 2 Business Days (or such shorter period as shall be acceptable to the Trustee) prior to the date such notice is to be provided to Holders.
(c) Notice of any redemption of Securities described above may be given prior to such redemption, and any such redemption or notice may, at the Issuer’s sole discretion, be subject to one or more conditions precedent, and any notice of redemption made in connection with a related transaction or event may, at the Issuer’s discretion, be given prior to the completion or the occurrence thereof. Any such notice may provide that redemptions made pursuant to different provisions will have different redemption dates. 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 Issuers’ Issuer’s sole discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuer in its sole discretion), or that 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, in the Issuer’s sole discretion) by the stated redemption date, or by the redemption date as so delayed.
, or that such notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. If any such condition precedent has not been satisfied, the Issuer shall provide written notice to the Trustee prior to the close of business on the Business Day immediately prior to the redemption date (b) At or such shorter period as may be acceptable to the Issuers’ requestTrustee). Upon receipt of such notice, the notice of redemption shall be rescinded or delayed, and the redemption of the Securities shall be rescinded or delayed as provided in such notice. Upon receipt, the Trustee shall give deliver such notice to each Holder. In addition, the Issuer may provide in such notice that payment of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officerprice and performance of the Issuer’s Certificate requesting that the Trustee give obligations with respect to such notice. In such event, the Issuers shall provide the Trustee in writing with the information required redemption may be performed by this Section 3.05another Person.
Appears in 1 contract
Sources: Indenture (Party City Holdco Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address mail, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes, or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interestand unpaid interest and Additional Interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the IssuersHoldings’ request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names name and at the Issuers’ expense; provided. In such event, however, that Holdings shall notify the Issuers have delivered to the Trustee, Trustee of such request at least 45 days three (unless a 3) Business Days (or such shorter period or no time period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such noticenotice is to be provided to holders. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05Such notice may not be canceled once delivered to holders of Notes.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Securitydate, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to at such Holder’s registered address or otherwise in accordance with the procedures of the Depositoryaddress, except that redemption notices may be delivered mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofIndenture. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) if any Note is being redeemed in part, 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 in principal amount equal to the unredeemed portion of the original Note shall be issued in the name of the Holder thereof upon cancellation of the original Note;
(iv) the name, telephone number and address of a the Paying Agent;
(ivv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(vvi) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemptionredeemed;
(vivii) that, unless the Issuers default Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(viiviii) the paragraph of the Notes and or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(ix) the CUSIP number, number and ISIN and/or “Common Code” number, if any, printed on the Securities being redeemedNotes; and
(viiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided. In such event, however, that the Issuers have delivered Company shall provide the Trustee with the information required by this Section at least five Business Days prior to the Trustee, at least 45 days date of giving such notice of redemption (unless a shorter period is acceptable to the TrusteeTrustee in its discretion). The notice, if mailed in the manner provided herein shall be presumed to have been given, whether or not the Holder receives such notice. If any of the Notes are in the form of a Global Note, then the Company, or the Trustee at the Company’s request, shall modify the notice to be given pursuant to Section 3.05 and the method of delivery of such notice to the extent necessary to accord with the Applicable Procedures that apply to the redemption of Global Notes and beneficial interests in Global Notes.
(c) Notice of any redemption upon any Equity Offering described in Section 3.01(b) may be given prior to the completion thereof, and any redemption dateof Notes at the Company’s option may, an Officer’s Certificate requesting that if so provided in the Trustee give such applicable redemption notice. In such event, be made subject to the Issuers shall provide satisfaction of one or more conditions precedent including, but not limited to, completion of the Trustee in writing with the information required by this Section 3.05related Equity Offering.
Appears in 1 contract
Sources: Indenture (Office Depot Inc)
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be electronically delivered or mailed by first-class mail a notice of redemption to the registered address of each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. 49 Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption dateprice;
(iii) the name and address of a Paying Agentthe paying agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent the paying agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “"Common Code” " number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “"Common Code” " number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer's written request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer's name and at the Issuers’ Issuer's expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.05at least five Business Days prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 1 contract
Sources: Indenture (Constellium Se)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Additionally, any notice with respect to a Specified Change of Control Redemption may be sent prior to the occurrence of a Specified Change of Control and may be conditioned upon one or more conditions precedent, including the occurrence of the Specified Change of Control. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a Paying Agent;
(iv) that Securities called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers there is a default in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 days 10 but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s at its registered address address, or otherwise deliver in accordance with the procedures of the Depository, a notice of redemption to each holder whose Notes are to be redeemed (with a copy to the Trustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII or if the redemption date is delayed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and;
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. In addition, Notes;
(ix) if such the redemption is subject to the satisfaction of one or more conditions precedent, such the notice of redemption thereof shall describe each such conditioncondition and, and if applicable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfiedsatisfied (or waived by the Issuer in its sole discretion), or and/or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the stated Issuer 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 Issuer if the Issuer determines in its sole discretion that any or all of such conditions will not be satisfied (or waived); and
(x) at the Issuer’s option, that the payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. Notice of any redemption upon any corporate transaction or other event (including any Equity Offering, Incurrence of Indebtedness, 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; provided, that if any such condition precedent has not been satisfied on the third Business Day preceding the redemption date set forth in the notice relating thereto, the Issuer shall provide written notice to the Trustee two Business Days prior to such redemption date stating that such condition has not been satisfied and, as applicable, the notice of redemption has been rescinded or shall be delayed, and that the redemption shall not occur on the redemption date set forth in the notice relating thereto or shall be delayed. For the avoidance of doubt, if any redemption date shall be delayed as contemplated by this Section 3.05 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 (or waiver) of any applicable conditions precedent, including, without limitation, 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 Article III.
(b) At the Issuers’ Issuer’s request, the Trustee shall give deliver the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided. In such event, however, that the Issuers have delivered to Issuer shall notify the Trustee, Trustee of such request at least 45 days three Business Days (unless a or such shorter period as is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give date such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05notice is to be provided to holders.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 6 of the applicable SecurityNote, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Issuer’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing with the information required by this Section 3.053.05 no later than 10:00AM on a Business Day that is at least one Business Day prior to the date such notice is to be provided to holders in the final form such notice is to be delivered to holders and such notice may not be canceled.
Appears in 1 contract
Sources: Indenture (Mariner, LLC)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph paragraph 5 of the applicable SecurityNote, the Issuers Company shall mail deliver or cause to be delivered by electronic transmission or mailed by first-class mail a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the applicable Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number”, if any, printed on the Securities Notes being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or number, ISIN and/or “Common Code” number”, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) When and so long as the Euro Notes are listed on the Official List of the Luxembourg Stock Exchange and may be traded on the Luxembourg Stock Exchange’s Euro MTF Market and the rules of the Luxembourg Stock Exchange so require, the Company will inform the Luxembourg Stock Exchange of any such redemption and will publish a notice regarding such redemption in a leading newspaper having a general circulation in Luxembourg (which is expected to be d’Wort) or on the Luxembourg Stock Exchange’s website, w▇▇.▇▇▇▇▇▇.▇▇.
(c) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05at least one Business Day prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 1 contract
Notice of Optional Redemption. (aii) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be mailed by first-class mail a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. NY1:1657728.6 S- Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 1 contract
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a an optional redemption date pursuant to Paragraph 5 of the applicable Securitydate, the Issuers shall mail Issuer will send or cause to be mailed sent, by first-electronic delivery or by first class mail mail, postage prepaid, a notice of optional redemption to each Holder whose Securities Notes are to be redeemed redeemed, with a copy to the Trustee and the Paying Agent, to the address of such Holder’s registered address Holder appearing in the security register or otherwise in accordance with the applicable procedures of Euro-clear and Clearstream, or while Notes are in the Depositoryform of Global Notes in accordance with the applicable procedures of Euroclear and Clearstream, except that optional redemption notices may be delivered electronically or mailed more than 60 days prior to a an optional redemption date if the notice is issued (i) in connection with a defeasance of the Securities Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofVIII or XI hereof or (ii) subject to one or more conditions precedent and such redemption date is delayed until such time as any or all such conditions shall be satisfied (or waived by the Issuer in its sole discretion). Any such The notice shall will identify the Securities Notes (including the ISIN or Common Code number) to be redeemed and shall will state:
: (i1) the redemption date;
; (ii2) the redemption price and price; (3) if any Note is being redeemed in part, the portion of the principal amount of accrued interest such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in prin-cipal amount equal to the redemption date;
unredeemed portion will be issued upon cancellation of the original Note; (iii4) the name and address of a the Paying Agent;
; (iv5) redemption price; that Securities Notes called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi6) that, unless the Issuers default Issuer defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenturepayment, interest interest, if any, on Securities (or portion thereof) Notes called for redemption ceases to accrue on and after the redemption date;
; (vii7) the CUSIP number, ISIN paragraph of the Notes and/or “Common Code” number, if any, printed on Section of this Indenture pursuant to which the Securities Notes called for redemption are being redeemed; and
(viii) 8) that no representation is made as to the correctness or accuracy of the CUSIP number ISIN or ISIN and/or “Common Code” Code number, if any, listed in such notice or printed on the SecuritiesNotes; and (9) any condition precedent to redemption.
(b) If any Note is to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof that is to be redeemed. A new Note in principal amount equal to the unredeemed portion of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. In the case of a Global Note, an appropriate notation will be made on such Global Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. Subject to the terms of the ap-plicable redemption notice (including any conditions contained therein), Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, unless the Issuer defaults in the payment of the redemption price, interest ceases to accrue on Notes or portions of Notes called for redemption.
(c) [Reserved].
(d) At the Issuer’s request, the Paying Agent shall give the notice of optional redemption in the Issu-er’s name and at the Issuer’s expense. In such event, the Issuer shall provide the Trustee with an Officer’s Certifi-cate containing the information required by this Section 5.3 at least five (5) Business Days prior to the date on which -97-
(e) Such notice of optional redemption, and the related optional redemption, may, at the Issuer’s dis-cretion, be subject to satisfaction of one or more conditions precedent, including, but not limited to, completion of a related Equity Offering, incurrence of Indebtedness or in connection with other transactions (or series of related transactions) or an event that constitutes a Change of Control, the consummation of such Equity Offering, incur-rence of Indebtedness, Change of Control or other transactions. In addition, if such redemption is subject to satisfaction satisfac-tion of one or more conditions precedent, such notice of redemption shall describe each such condition, and if applicableappli-cable, shall state that, in the Issuers’ Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied, or 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 as stated redemption datein such no-▇▇▇▇, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. The Issuer may provide in such notice of redemption that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person.
(bf) At If and for so long as any Notes are listed on the Issuers’ requestOfficial List of the Exchange and if and to the ex-tent the rules of the Exchange so require, the Trustee shall give Issuer will notify the Exchange of any notice of optional redemption specified sent to the Holders of the relevant Notes and, in this Section 3.05 connection with any redemption, the Issuer will notify the Exchange of any change in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05principal amount of Notes outstanding.
Appears in 1 contract
Sources: Indenture (Diversey Holdings, Ltd.)
Notice of Optional Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityNotes, the Issuers Company shall mail send or cause to be mailed delivered, electronically or by first-class mail mail, a notice of redemption to each Holder whose Securities Notes are to be redeemed to such Holder’s registered address address, with a copy to the Trustee, or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered mailed more than 60 days prior to a redemption date if the such notice is issued in connection with a defeasance of the Securities Legal Defeasance or Covenant Defeasance pursuant to Article 8 hereof or a satisfaction and discharge of this Indenture pursuant to Article 8 10 hereof. Any such notice shall identify the Securities Notes to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued and unpaid interest to the redemption date; provided that in connection with a redemption pursuant to Paragraph 5(b) of the Notes, the notice need not set forth the redemption price but only the manner of calculation thereof;
(iii) the name and address of a Paying Agent;
(iv) that Securities Notes called for redemption must be surrendered to a Paying Agent to collect the redemption price, plus accrued interestand unpaid interest to, but not including, the redemption date;
(v) if fewer than all the outstanding Securities Notes are to be redeemed, the certificate numbers (if applicable) and principal amounts of the particular Securities Notes to be redeemed, the aggregate principal amount of Securities Notes to be redeemed and the aggregate principal amount of Securities Notes to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the Paragraph or subparagraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(viii) if applicable, any condition to such redemption;
(ix) the CUSIP number, ISIN and/or “Common Code” numbernumber and ISIN, if any, printed on the Securities Notes being redeemed; and
(viiix) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” numberISIN, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayedNotes.
(b) At the Issuers’ Company’s request, the Trustee shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have Company has delivered to the Trustee, at least 45 15 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Company shall provide the Trustee in writing with the information required by this Section 3.05.
(c) Notice of any redemption of the Notes in connection with a transaction or an event (including an Equity Offering, an incurrence of Indebtedness, tender offer, defeasance, satisfaction, discharge, Asset Sale Offer or a Change of Control) may, at the Company’s discretion, be given prior to the completion or occurrence thereof and any such redemption or notice may, at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent, including, the completion or occurrence of the related transaction or event. If such redemption is subject to the satisfaction of one or more conditions precedent, in the Company’s discretion, the redemption date may be delayed until any or all such conditions shall have been satisfied or waived or the redemption may be rescinded in the event any such conditions shall not have been satisfied or waived by the original redemption date or the redemption date so delayed.
Appears in 1 contract
Sources: Indenture (Pagaya Technologies Ltd.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable Security, the Issuers Issuer shall mail or cause to be mailed by first-class mail or cause to be sent electronically a notice of redemption to each Holder whose Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereofredeemed. Any such notice shall identify the Securities to be redeemed and shall state:
(i) the redemption date;
(ii) the redemption price and the amount of accrued interest to to, but not including, the redemption date;
(iii) the name and address of a the Paying Agent;
(iv) that Securities called for redemption must be surrendered to a the Paying Agent to collect the redemption price, plus accrued interest;
(v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vi) that, unless the Issuers default Issuer defaults in making such redemption payment or any the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemed; and
(viii) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on the Securities. 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 Issuers’ 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 stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ Issuer’s request, the Trustee Paying Agent shall give the notice of redemption specified in this Section 3.05 in the Issuers’ names Issuer’s name and at the Issuers’ Issuer’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers Issuer shall provide the Trustee in writing Paying Agent with the information required by this Section 3.05at least 10 days (or such shorter period as shall be acceptable to the Paying Agent) prior to the date such notice is to be provided to Holders and such notice may not be canceled.
Appears in 1 contract
Sources: Indenture (Berry Global Group, Inc.)
Notice of Optional Redemption. (a) At least 30 days but not more than 60 days before a redemption date pursuant to Paragraph 5 of the applicable SecurityRedemption Date in connection with an Optional Redemption, the Issuers Company shall mail or cause to be mailed by first-class mail a notice of redemption (a “Notice of Optional Redemption”) by first-class mail, postage prepaid, to the Trustee, the Paying Agent and each Holder whose of Securities are to be redeemed to such Holder’s registered address or otherwise in accordance with the procedures redeemed. The Notice of the Depository, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. Any such notice Optional Redemption shall identify specify the Securities to be redeemed and shall state:
(ia) the redemption dateRedemption Date;
(iib) the redemption price and the amount of accrued interest to the redemption dateRedemption Price;
(iiic) the Applicable Conversion Rate and approximate Conversion Price;
(d) the name and address of a the Paying Agent and Conversion Agent;
(ive) that Securities called for redemption may be converted at any time before the Close of Business on the Trading Day immediately preceding the Redemption Date unless the Company fails to pay the Redemption Price;
(f) that Holders who want to convert Securities must satisfy the requirements set forth therein and in this Indenture;
(g) that Securities called for redemption must be surrendered to a the Paying Agent for cancellation to collect the redemption price, plus accrued interestRedemption Price;
(vh) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers (if such Securities are held other than in global form) and principal amounts Principal Amounts of the particular Securities to be redeemed, the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption;
(vii) that, unless the Issuers default Company defaults in making payment of such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this IndentureRedemption Price, interest on Securities (or portion thereof) called for redemption ceases will cease to accrue on and after the redemption date;
(vii) the CUSIP number, ISIN and/or “Common Code” number, if any, printed on the Securities being redeemedRedemption Date; and
(viiij) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN and/or “Common Code” number, if any, listed in such notice or printed on of the Securities. In addition, if At the Company’s written request delivered at least 30 days prior to the date such redemption Notice of Optional 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 Issuers’ discretion, the redemption date may be delayed until such given (unless a shorter time as any or all such conditions period shall be satisfied, or such redemption may not occur and such notice may be rescinded in acceptable to the event that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed.
(b) At the Issuers’ requestTrustee), the Trustee shall give the notice Notice of redemption specified in this Section 3.05 Optional Redemption to each Holder of Securities to be redeemed in the Issuers’ names Company’s name and at the Issuers’ Company’s expense; provided, however, that the Issuers have delivered to the Trustee, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice. In such event, the Issuers shall provide the Trustee in writing with the information required by this Section 3.05.
Appears in 1 contract
Sources: Indenture (THQ Inc)