REDEMPTION AND REPURCHASE OF SECURITIES. Section 11.01 Applicability of Article 62 Section 11.02 Optional Redemption 63 Section 11.03 Optional Redemption Due to Changes in Tax Treatment 63 Section 11.04 Optional Redemption Due to Changes in Regulatory Treatment 64 Section 11.05 Notice of Redemption 64 Section 11.06 Payment of Securities Called for Redemption 65 Section 11.07 Exclusion of Certain Securities from Eligibility for Selection for Redemption 65 Section 11.08 Repurchase of Securities 66 Section 12.01 Agreement to Subordinate 66 Section 12.02 Subordination of the Securities 66 Section 12.03 Reimbursement of Excess Payment and Limited Right of Set-off 68 Section 12.04 No Amendment 68 Section 12.05 Provisions Solely to Define Relative Rights 68 Section 12.06 Trustee to Effectuate Subordination 68 Section 12.07 No Waiver of Subordination Provisions 69 Section 12.08 Notice to Trustee 69 Section 12.09 Trustee not Fiduciary for Holders of Senior Indebtedness 70 Section 12.10 Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee’s Rights 70 Section 12.11 Article Applicable to Paying Agents 70 Section 12.12 Moneys Subordinated 70 Section 13.01 Agreement to Write-Down and Cancellation 70 Section 13.02 Suspension and Write-Down and Cancellation 72 Section 13.03 Suspension of Settlement through DTC 73 Section 13.04 Reimbursement of Payment and No Right of Set-off 73 Section 13.05 Limitation of Rights upon a Non-Viability Event or Bankruptcy Event 74 Section 13.06 Notice of Write-Down and Cancellation 74 Section 13.07 Additional Provisions Relating to a Write-Down and Cancellation 74 Section 13.08 Responsibilities of Trustee 75 Section 14.01 Agreement to Going Concern Write-Down 76 Section 14.02 Suspension and Going Concern Write-Down 78 Section 14.03 Suspension of Settlement through DTC 79 Section 14.04 Reimbursement of Payment and No Right of Set-off 79 Section 14.05 Limitation of Rights upon a Capital Ratio Event 79 Section 14.06 Notice of Going Concern Write-Down 80 Section 14.07 Write-Up Upon a Return to Financial Health 80 Section 14.08 Notice of Write-Up 81 Section 14.09 Additional Provisions Relating to Going Concern Write-Downs and Write-Ups 82 Section 14.10 Responsibilities of Trustee 82 EXHIBITS Exhibit A Form of Officer’s Certificate pursuant to Section 3.06 A-1 Exhibit B Form of Cancellation of Interest Payment Notice pursuant to Section 3.17 B-1 Exhibit C Form of Write-Down and Cancellation Notice pursuant to Section 13.06 C-1 Exhibit D Form of Going Concern Write-Down Notice pursuant to Section 14.06 D-1 Exhibit E Form of Write-Up Notice pursuant to Section 14.08 E-1
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Sources: Perpetual Subordinated Indenture (Nomura Holdings Inc)
REDEMPTION AND REPURCHASE OF SECURITIES. Section 11.01 Applicability of Article 14.01. REDEMPTION OF SECURITIES 59 Section 14.02. NOTICE OF OPTIONAL REDEMPTION; SELECTION OF SECURITIES 60 Section 14.03. PAYMENT OF SECURITIES CALLED FOR REDEMPTION BY THE COMPANY 62 Section 11.02 Optional Redemption 14.04. CONVERSION ARRANGEMENT ON CALL FOR REDEMPTION 63 Section 11.03 Optional Redemption Due to Changes in Tax Treatment 14.05. REPURCHASE AT OPTION OF SECURITYHOLDERS UPON A DESIGNATED EVENT 63 Section 11.04 Optional Redemption Due to Changes in Regulatory Treatment 64 14.06. REPURCHASE OF SECURITIES BY THE COMPANY AT OPTION OF THE SECURITYHOLDER 67 Section 11.05 Notice of Redemption 64 Section 11.06 Payment of Securities Called for Redemption 65 Section 11.07 Exclusion of Certain Securities from Eligibility for Selection for Redemption 65 Section 11.08 Repurchase of Securities 66 Section 12.01 Agreement to Subordinate 66 Section 12.02 Subordination of the Securities 66 Section 12.03 Reimbursement of Excess Payment and Limited Right of Set-off 14.07. COMPANY REPURCHASE NOTICE 68 Section 12.04 No Amendment 68 Section 12.05 Provisions Solely to Define Relative Rights 68 Section 12.06 Trustee to Effectuate Subordination 68 Section 12.07 No Waiver of Subordination Provisions 14.08. EFFECT OF REPURCHASE NOTICE 69 Section 12.08 Notice to Trustee 69 Section 12.09 Trustee not Fiduciary for Holders of Senior Indebtedness 14.09. DEPOSIT OF REPURCHASE PRICE 70 Section 12.10 Rights of Trustee as Holder of Senior Indebtedness14.10. SECURITIES REPURCHASED IN PART 71 Section 14.11. REPAYMENT TO THE COMPANY 71 Section 15.01. RIGHT TO CONVERT 71 Section 15.02. EXERCISE OF CONVERSION PRIVILEGE; Preservation of Trustee’s Rights 70 Section 12.11 Article Applicable to Paying Agents 70 Section 12.12 Moneys Subordinated 70 Section 13.01 Agreement to Write-Down and Cancellation 70 Section 13.02 Suspension and Write-Down and Cancellation 72 Section 13.03 Suspension of Settlement through DTC 73 Section 13.04 Reimbursement of Payment and No Right of Set-off 73 Section 13.05 Limitation of Rights upon a Non-Viability Event or Bankruptcy Event ISSUANCE OF COMMON STOCK ON CONVERSION; NO ADJUSTMENT FOR INTEREST OR DIVIDENDS 74 Section 13.06 Notice of Write-Down and Cancellation 74 15.03. CASH PAYMENTS IN LIEU OF FRACTIONAL SHARES 77 Section 13.07 Additional Provisions Relating to a Write-Down and Cancellation 74 15.04. CONVERSION RATE 77 Section 13.08 Responsibilities of Trustee 75 15.05. ADJUSTMENT OF CONVERSION RATE 77 Section 14.01 Agreement to Going Concern Write-Down 76 15.06. EFFECT OF RECLASSIFICATION, CONSOLIDATION, MERGER OR SALE 88 Section 14.02 Suspension and Going Concern Write-Down 78 15.07. TAXES ON SHARES ISSUED 89 Section 14.03 Suspension of Settlement through DTC 79 15.08. RESERVATION OF SHARES, SHARES TO BE FULLY PAID; COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS; LISTING OF COMMON STOCK 89 Section 14.04 Reimbursement of Payment and No Right of Set-off 79 15.09. RESPONSIBILITY OF TRUSTEE 90 Section 14.05 Limitation of Rights upon a Capital Ratio Event 79 15.10. NOTICE TO SECURITYHOLDERS PRIOR TO CERTAIN ACTIONS 91 Section 14.06 Notice of Going Concern Write-Down 80 15.11. SHAREHOLDER RIGHTS PLANS 91 Section 14.07 Write-Up Upon a Return to Financial Health 80 Section 14.08 Notice of Write-Up 81 Section 14.09 Additional Provisions Relating to Going Concern Write-Downs and Write-Ups 82 Section 14.10 Responsibilities of Trustee 82 EXHIBITS Exhibit A Form of Officer’s Certificate pursuant to Section 3.06 A-1 Exhibit B Form of Cancellation of Interest Payment Notice pursuant to Section 3.17 B-1 Exhibit C Form of Write-Down and Cancellation Notice pursuant to Section 13.06 C-1 Exhibit D Form of Going Concern Write-Down Notice pursuant to Section 14.06 D-1 Exhibit E Form of Write-Up Notice pursuant to Section 14.08 E-115.12. TRANSFER RESTRICTIONS 92
Appears in 1 contract
Sources: Indenture (Commscope Inc)
REDEMPTION AND REPURCHASE OF SECURITIES. Section 11.01 Applicability of Article 62 45 Section 11.02 Optional Redemption 63 Due to Changes in Tax Treatment 46 Section 11.03 Optional Redemption Due to Changes in Tax Regulatory Treatment 63 46 Section 11.04 Optional Redemption Due to Changes in Regulatory Treatment 64 Section 11.05 Notice of Redemption 64 46 Section 11.06 11.05 Payment of Securities Called for Redemption 65 47 Section 11.07 11.06 Exclusion of Certain Securities from Eligibility for Selection for Redemption 65 48 Section 11.08 11.07 Repurchase of Securities 66 48 Section 12.01 Agreement to Subordinate 66 48 Section 12.02 Subordination of the Securities 66 48 Section 12.03 Reimbursement of Excess Payment and Limited Right of Set-off 68 49 Section 12.04 No Amendment 68 49 Section 12.05 Provisions Solely to Define Relative Rights 68 49 Section 12.06 Trustee to Effectuate Subordination 68 49 Section 12.07 No Waiver of Subordination Provisions 69 50 Section 12.08 Notice to Trustee 69 50 Section 12.09 Reliance on Judicial Order or Certificate of Liquidating Agent 50 Section 12.10 Trustee not Fiduciary for Holders of Senior Indebtedness 70 51 Section 12.10 12.11 Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee’s Rights 70 51 Section 12.11 12.12 Article Applicable to Paying Agents 70 51 Section 12.12 12.13 Moneys Subordinated 70 51 Section 13.01 Agreement to Non-Viability Write-Down and Cancellation 70 51 Section 13.02 Suspension and Write-Down and Cancellation 72 52 Section 13.03 Suspension of Settlement through DTC 73 52 Section 13.04 Reimbursement of Payment and No Right of Set-off 73 53 Section 13.05 Limitation of Rights upon a Non-Viability Event or Bankruptcy Event 74 53 Section 13.06 Notice of Write-Down and Cancellation 74 53 Section 13.07 Additional Provisions Relating to a Write-Down and Cancellation 74 53 Section 13.08 Responsibilities of Trustee 75 Section 14.01 Agreement to Going Concern Write-Down 76 Section 14.02 Suspension and Going Concern Write-Down 78 Section 14.03 Suspension of Settlement through DTC 79 Section 14.04 Reimbursement of Payment and No Right of Set-off 79 Section 14.05 Limitation of Rights upon a Capital Ratio Event 79 Section 14.06 Notice of Going Concern Write-Down 80 Section 14.07 Write-Up Upon a Return to Financial Health 80 Section 14.08 Notice of Write-Up 81 Section 14.09 Additional Provisions Relating to Going Concern Write-Downs and Write-Ups 82 Section 14.10 Responsibilities of Trustee 82 54 EXHIBITS Exhibit A Form of Officer’s Certificate pursuant to Section 3.06 A-1 Exhibit B Form of Cancellation of Interest Payment Notice pursuant to Section 3.17 B-1 Exhibit C Form of Write-Down and Cancellation Notice pursuant to Section 13.06 C-1 Exhibit D Form of Going Concern Write-Down Notice pursuant to Section 14.06 D-1 Exhibit E Form 13.06 B-1 Cross-reference sheet of Write-Up Notice pursuant to Section 14.08 E-1provisions of the Trust Indenture Act and this Subordinated Indenture:
Appears in 1 contract