Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 29 contracts
Sources: Indenture (New Plan Realty Trust), Indenture (Centerpoint Properties Corp), Indenture (Shurgard Storage Centers Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.06 and 110711.07.
Appears in 20 contracts
Sources: Indenture (North Haven Private Income Fund LLC), Indenture (Golub Capital Private Credit Fund), Indenture (Apollo Debt Solutions BDC)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Officer's Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer's Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 17 contracts
Sources: Indenture (Ace LTD), Indenture (Safeco Corp), Indenture (Ace LTD)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Subsections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 15 contracts
Sources: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 15 contracts
Sources: Subordinated Indenture (KPMG Consulting Inc), Indenture (Molina Healthcare Inc), Indenture (Deere John Capital Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company Issuer will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 14 contracts
Sources: Indenture (Criimi Mae Inc), Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 14 contracts
Sources: Indenture (Nymagic Inc), Indenture (Quality Food Centers Inc), Indenture (Quality Food Centers Inc)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for the Securities of any series, or any Tranche thereof, the Company will shall deliver to the Trustee an Officers' Officer's Certificate specifying specifying:
(a) the amount of the next ensuing succeeding mandatory sinking fund payment for that such series pursuant to or Tranche;
(b) the terms of that series, the portion thereofamount, if any, of the optional sinking fund payment to be made together with such mandatory sinking fund payment;
(c) the aggregate sinking fund payment;
(d) the portion, if any, of such aggregate sinking fund payment which is to be satisfied by the payment of cash in cash;
(e) the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereofportion, if any, of such aggregate sinking fund payment which is to be satisfied by delivering and crediting Securities of that such series or Tranche pursuant to Section 1202502 and stating the basis for such credit and that such Securities have not previously been so credited, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will Company shall also deliver to the Trustee any Securities to be so delivered and crediteddelivered. If the Company shall not deliver such Officers' Certificate Officer's Certificate, the next succeeding sinking fund payment for such series or Tranche shall specify an optional amount to be added made entirely in cash to in the next ensuing amount of the mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 403 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104404. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 405 and 1107.406. ARTICLE SIX
Appears in 13 contracts
Sources: Indenture (Pp&l Capital Funding Inc), Subordinated Indenture (Pp&l Capital Funding Trust I), Subordinated Indenture (Pp&l Capital Funding Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 12 contracts
Sources: Indenture (Terra Property Trust, Inc.), Indenture (Terra Property Trust, Inc.), Indenture (CM Finance Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series such Securities pursuant to the terms of that seriessuch Securities, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, 1202 and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specifieddelivered. Not less than 30 days before prior to each such sinking fund payment date date, the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. ARTICLE THIRTEEN DEFEASANCE AND COVENANT DEFEASANCE SECTION 1301. COMPANY'S OPTION TO EFFECT DEFEASANCE OR COVENANT DEFEASANCE. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.
Appears in 11 contracts
Sources: Indenture (Scholastic Corp), Indenture (Pinnacle West Capital Corp), Indenture (Scholastic Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, 1402 and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specifieddelivered. Not less than 30 nor more than 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 11041104 and provide a copy thereof to the Company five (5) days in advance of the mailing thereof. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1105, 1106 and 1107. ARTICLE FIFTEEN REPAYMENT AT OPTION OF HOLDERS SECTION 1501. APPLICABILITY OF ARTICLE. Repayment of Securities of any series before their Stated Maturity at the option of Holders thereof shall be made in accordance with the terms of such Securities and (except as otherwise specified as contemplated by Section 301 for Securities of any series) in accordance with this Article.
Appears in 10 contracts
Sources: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Issuer shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 9 contracts
Sources: Indenture (Reckson Services Industries Inc), Indenture (Reckson Associates Realty Corp), Merger Agreement (Reckson Associates Realty Corp)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Issuers shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuers shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuers in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 8 contracts
Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 8 contracts
Sources: Indenture (Hunt J B Transport Services Inc), Indenture (KKR Financial Holdings IV, LLC), Indenture (GFI Group Inc.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company Issuer will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 8 contracts
Sources: Indenture (Americold Realty Trust), Indenture (Nova Cold Logistics ULC), Indenture (Cousins Properties LP)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 8 contracts
Sources: Indenture (Viasat Inc), Indenture (Excel Legacy Corp), Indenture (Leap Wireless International Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 8 contracts
Sources: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 Section 11.6 and 1107Section 11.7.
Appears in 8 contracts
Sources: Senior Indenture (Essent Group Ltd.), Senior Indenture (Renaissancere Holdings LTD), Indenture (Validus Holdings (UK) PLC)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 7 contracts
Sources: Indenture (Cintas Corp), Indenture (Inmc Mortgage Holdings Inc), Indenture (Jabil Circuit Inc)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 7 contracts
Sources: Indenture (Ace Ina Holdings Inc), Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty US Holdings Inc.)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for the Securities of any series, the Company will shall deliver to the Trustee an Officers' Officer's Certificate specifying specifying:
(a) the amount of the next ensuing succeeding mandatory sinking fund payment for that series pursuant to such series;
(b) the terms of that series, the portion thereofamount, if any, of the optional sinking fund payment to be made together with such mandatory sinking fund payment;
(c) the aggregate sinking fund payment;
(d) the portion, if any, of such aggregate sinking fund payment which is to be satisfied by the payment of cash in cash;
(e) the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereofportion, if any, of such aggregate sinking fund payment which is to be satisfied by delivering and crediting Securities of that such series pursuant to Section 1202502 and stating the basis for such credit and that such Securities have not previously been so credited, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will Company shall also deliver to the Trustee any Securities to be so delivered and crediteddelivered. If the Company shall not deliver such Officers' Certificate Officer's Certificate, the next succeeding sinking fund payment for such series shall specify an optional amount to be added made entirely in cash to in the next ensuing amount of the mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 403 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104404. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 405 and 1107.406. ARTICLE SIX
Appears in 7 contracts
Sources: Indenture (Tu Electric Capital Ii), Indenture (Delmarva Power & Light Co /De/), Indenture (Enserch Capital I)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 12021302, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not more than 75 days or less than 30 45 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 7 contracts
Sources: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 7 contracts
Sources: Annual Report, Indenture (Comdisco Inc), Indenture (Comdisco Inc)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for the Securities of any series, or any Tranche thereof, the Company will shall deliver to the Trustee an Officers' Officer's Certificate specifying specifying:
(a) the amount of the next ensuing succeeding mandatory sinking fund payment for that such series pursuant to or Tranche;
(b) the terms of that series, the portion thereofamount, if any, of the optional sinking fund payment to be made together with such mandatory sinking fund payment;
(c) the aggregate sinking fund payment;
(d) the portion, if any, of such aggregate sinking fund payment which is to be satisfied by the payment of cash in cash;
(e) the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereofportion, if any, of such aggregate sinking fund payment which is to be satisfied by delivering and crediting Securities of that such series or Tranche pursuant to Section 1202502 and stating the basis for such credit and that such Securities have not previously been so credited, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will Company shall also deliver to the Trustee any Securities to be so delivered and crediteddelivered. If the Company shall not deliver such Officers' Certificate Officer's Certificate, the next succeeding sinking fund payment for such series shall specify an optional amount to be added made entirely in cash to in the next ensuing amount of the mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 403 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104404. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 405 and 1107.406. ARTICLE SIX
Appears in 6 contracts
Sources: Indenture (Texas Utilities Electric Co), Indenture (For Unsecured Debt Securities) (Texas Utilities Electric Co), Indenture (Texas Utilities Co /Tx/)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for Securities any series of Securities, or any seriesTranche thereof, the Company will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series or Tranche pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, 1202 and will also deliver to the Trustee any Securities to be so delivered and crediteddelivered. If the Company has not delivered such Officers' Officer’s Certificate and, to the extent applicable, all such Securities, the next succeeding sinking fund payment for such series or Tranche shall specify an optional amount to be added made entirely in cash to in the next ensuing amount of the mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 1105 and 11071106.
Appears in 6 contracts
Sources: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Operating Partnership shall deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Operating Partnership shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Operating Partnership in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 6 contracts
Sources: Indenture (Corporate Office Properties, L.P.), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next next, ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 6 contracts
Sources: Indenture (Cit Group Inc), Indenture (Cit Group Inc), Indenture (Cit Group Inc)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 Section 11.6 and 1107Section 11.7.
Appears in 5 contracts
Sources: Indenture (Meridian Bioscience Inc), Junior Subordinated Indenture (Partnerre LTD), Indenture (Partnerre LTD)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for Securities any Series of any seriesSecurities, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series Series pursuant to the terms of that seriesSeries, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series Series pursuant to Section 120211.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days (unless otherwise indicated in the Board Resolution, Officers’ Certificate or supplemental indenture in respect of a particular Series of Securities) before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 3.02 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 11043.03. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 3.04, 3.05 and 11073.06. Prior to any sinking fund payment date, the Company shall pay to the Trustee or a Paying Agent (or, if the Company is acting as its own Paying Agent, segregate and hold in trust) in cash a sum equal to any interest that will accrue to the date fixed for redemption of Securities or portions thereof to be redeemed on such sinking fund payment date pursuant to this Section.
Appears in 5 contracts
Sources: Senior Indenture (Emagin Corp), Subordinated Indenture (Emagin Corp), Senior Indenture (Mimecast LTD)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Officer's Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Officer's Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less more than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1105, 1106 and 1107.
Appears in 5 contracts
Sources: Indenture (Viacom International Inc /De/), Indenture (Viacom Inc), Indenture (Viacom International Inc /De/)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Indenture Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Indenture Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Indenture Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.06 and 110711.07.
Appears in 5 contracts
Sources: Indenture (Chartermac), Indenture (Lexington Corporate Properties Trust), Indenture (Lexington Corporate Properties Trust)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for Securities of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series such Securities pursuant to the terms of that seriessuch Securities, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, 1202 and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specifieddelivered. Not less than 30 days before prior to each such sinking fund payment date date, the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. ARTICLE THIRTEEN DEFEASANCE AND COVENANT DEFEASANCE SECTION 1301. COMPANY'S OPTION TO EFFECT DEFEASANCE OR COVENANT DEFEASANCE. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.
Appears in 5 contracts
Sources: Indenture (Overseas Shipholding Group Inc), Indenture (Cinergy Corp), Subordinated Indenture (Nuevo Energy Co)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 Section 11.06 and 1107Section 11.07.
Appears in 5 contracts
Sources: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7. * * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 5 contracts
Sources: Indenture (SPSS Inc), Subordinated Indenture (Gatx Capital Corp), Indenture (Gatx Financial Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 5 contracts
Sources: Indenture (Pep Boys Manny Moe & Jack), Indenture (Level 3 Communications Inc), Indenture (Pep Boys Manny Moe & Jack)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any Series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing ensuring mandatory sinking fund payment for that series Series pursuant to the terms of that seriesSeries, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currenciescash, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series Series pursuant to Section 120210.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date date, the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 3.02 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 11043.03. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 3.04, 3.05 and 11073.06.
Appears in 5 contracts
Sources: Indenture (Usa Education Inc), Indenture (Usa Education Inc), Indenture (U S West Inc /De/)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for the Securities of any series, the Company will shall deliver to the Trustee an Officers' Officer's Certificate specifying specifying:
(a) the amount of the next ensuing succeeding mandatory sinking fund payment for that series pursuant to such series;
(b) the terms of that series, the portion thereofamount, if any, of the optional sinking fund payment to be made together with such mandatory sinking fund payment;
(c) the aggregate sinking fund payment;
(d) the portion, if any, of such aggregate sinking fund payment which is to be satisfied by the payment of cash in cash; and
(e) the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereofportion, if any, of such aggregate sinking fund payment which is to be satisfied by delivering and crediting Securities of that such series pursuant to Section 1202502 and stating the basis for such credit and that such Securities have not previously been so credited, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will Company shall also deliver to the Trustee any Securities to be so delivered and crediteddelivered. If the Company shall not have delivered such Officers' Officer's Certificate and, to the extent applicable, all such Securities, the next succeeding sinking fund payment for such series shall specify an optional amount to be added made entirely in cash to in the next ensuing amount of the mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 403 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104404. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 405 and 1107.406. ARTICLE SIX
Appears in 4 contracts
Sources: Indenture (Txu Capital Iv), Indenture (Txu Capital I), Indenture (Txu Electric Capital Viii)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 3.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 11043.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 3.05 and 11073.06.
Appears in 4 contracts
Sources: Indenture (Natural Microsystems Corp), Indenture (Sierra Pacific Resources Capital Trust Ii), Indenture (Sierra Pacific Resources)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Indenture (First Union Real Estate Equity & Mortgage Investments), Indenture (Friedman Billings Ramsey Group Inc), Indenture (First Union Real Estate Equity & Mortgage Investments)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. SECTION 1301. APPLICABILITY OF ARTICLE. Repayment of Securities of any series before their Stated Maturity at the option of Holders thereof shall be made in accordance with the applicable terms, if any, of such Securities and (except as otherwise specified by the terms of such series established pursuant to Section 301) in accordance with this Article Thirteen.
Appears in 4 contracts
Sources: Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. ARTICLE THIRTEEN - REPAYMENT AT THE OPTION OF HOLDERS SECTION 1301. APPLICABILITY OF ARTICLE. Repayment of Securities of any series before their Stated Maturity at the option of Holders thereof shall be made in accordance with the terms of such Securities, if any, and (except as otherwise specified by the terms of such series established pursuant to Section 301) in accordance with this Article.
Appears in 4 contracts
Sources: Indenture (Wyman Gordon Co), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Wyman Gordon Co)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Indenture (Medallion Financial Corp), Indenture (Sasol Financing USA LLC), Indenture (DEERE FUNDING CANADA Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.. ARTICLE THIRTEEN - REPAYMENT AT THE OPTION OF HOLDERS
Appears in 4 contracts
Sources: Indenture (Avalonbay Communities Inc), Indenture (Bay Apartment Communities Inc), Indenture (Trinet Corporate Realty Trust Inc)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 Section 11.6 and 1107Section 11.7.
Appears in 4 contracts
Sources: Indenture (UAG Chantilly AU, LLC), Indenture (Penske Automotive Group, Inc.), Indenture (United Nissan Inc / Tn)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.06 and 110711.07.
Appears in 4 contracts
Sources: Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Trust shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Indenture (Semco Capital Trust Iii), Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)
Redemption of Securities for Sinking Fund. Not less than 60 90 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.06 and 110711.07.
Appears in 4 contracts
Sources: Subordinated Indenture (Union Bankshares Corp), Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not more than 60 nor less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections Section 1106 and 1107.
Appears in 4 contracts
Sources: Indenture (Provident Companies Inc /De/), Indenture (Union Planters Corp), Indenture (Unumprovident Financing Trust Iii)
Redemption of Securities for Sinking Fund. Not less than If in any year the Company shall elect to redeem in excess of the minimum principal amount of Securities required to be redeemed pursuant to Section 1201 or to satisfy all or any part of any Sinking Fund payment by delivering or crediting Securities pursuant to Section 1202, then at least 60 days prior to each sinking fund the date on which the Sinking Fund payment date for Securities of any seriesin question shall be due (or such shorter period as shall be approved by the Trustee), the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund Sinking Fund payment for that series pursuant to and the terms of that series, the portion thereof, if any, portions thereof which is are to be satisfied by payment of cash in the currency cash, by delivery of Securities or currenciesby crediting Securities, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereofand, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash at least 45 days prior to the next ensuing mandatory sinking fund paymentSinking Fund payment date (or such shorter period as shall be approved by the Trustee), and will also deliver to the Trustee any the Securities to be so delivered and crediteddelivered. If Such Officers' Certificate shall also state that the Securities forming the basis of any such credit do not include any Securities which have been redeemed through the operation of the Sinking Fund in the minimum amount required under Section 1201, previously credited against any Sinking Fund payment or credited in accordance with Section 1007(d). The Trustee shall, upon the receipt of such Officers' Certificate (or, if it shall specify not have received such an optional amount to be added in cash Officers' Certificate at least 60 days prior to the next ensuing mandatory sinking fund paymentSinking Fund payment date, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each then following such sinking fund payment date the Trustee shall 60th day), select the Securities to be redeemed upon such sinking fund the next Sinking Fund payment date date, in the manner specified in Section 1103 1104, and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 11041105. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 1107 and 11071108.
Appears in 4 contracts
Sources: Indenture (Anheuser Busch Companies Inc), Indenture (Earthgrains Co /De/), Indenture (Anheuser Busch Companies Inc)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and . The Company will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Subordinated Indenture (Home Bancshares Inc), Subordinated Indenture (Firstmerit Corp /Oh/), Subordinated Indenture (Firstmerit Corp /Oh/)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, the basis for such credit and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date date, the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 4 contracts
Sources: Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company Issuers will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which that is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which that is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuers shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuers in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 4 contracts
Sources: Indenture (CareTrust REIT, Inc.), Indenture (Renee Avenue Health Holdings LLC), Indenture (Sabra Health Care REIT, Inc.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which that is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which that is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the basis for such credit and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections Section 1106 and Section 1107.
Appears in 4 contracts
Sources: Indenture (Centerpoint Energy Resources Corp), Indenture (Enable Midstream Partners, LP), Indenture (DCP Midstream Partners, LP)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Issuer shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, the basis for such credit and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Indenture (Avalonbay Communities Inc), Indenture (PS Business Parks, L.P.), Indenture (PS Business Parks, L.P.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Indenture (PennyMac Mortgage Investment Trust), Indenture (PennyMac Corp.), Indenture (PennyMac Mortgage Investment Trust)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for the Securities of any series, the Company will shall deliver to the Trustee an Officers' Officer's Certificate specifying specifying:
(a) the amount of the next ensuing succeeding mandatory sinking fund payment for that series pursuant to such series;
(b) the terms of that series, the portion thereofamount, if any, of the optional sinking fund payment to be made together with such mandatory sinking fund payment;
(c) the aggregate sinking fund payment;
(d) the portion, if any, of such aggregate sinking fund payment which is to be satisfied by the payment of cash in cash; and
(e) the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereofportion, if any, of such aggregate sinking fund payment which is to be satisfied by delivering and crediting Securities of that such series pursuant to Section 1202502 and stating the basis for such credit and that such Securities have not previously been so credited, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will Company shall also deliver to the Trustee any Securities to be so delivered and crediteddelivered. If the Company shall not deliver such Officers' Certificate Officer's Certificate, the next succeeding sinking fund payment for such series shall specify an optional amount to be added made entirely in cash to in the next ensuing amount of the mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 403 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104404. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 405 and 1107.406. ARTICLE SIX
Appears in 4 contracts
Sources: Indenture (Minnesota Power Inc), Indenture (For Unsecured Debt Securities) (Allete Capital Iii), Indenture (Minnesota Power & Light Co)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 4 contracts
Sources: Senior Indenture (National City Corp), Senior Indenture (National City Corp), Senior Indenture (National City Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for any series of Securities of (including any seriesCoupons), the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities (including any Coupons) of that series pursuant to Section 1202, 12.2 and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities (including any Coupons) to be so delivered and crediteddelivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities (including any Coupons) to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities (including any Coupons) shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 4 contracts
Sources: Indenture Provisions (Aristar Inc), Indenture Agreement (Washington Mutual Inc), First Supplemental Indenture (Washington Mutual Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for any series of Securities of any series(or such shorter notice as the Trustee may approve), the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and or crediting Securities of that series pursuant to Section 1202, the basis for any such crediting and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Old National Bancorp /In/), Subordinated Indenture (Onb Capital Trust Vi), Indenture (Onb Capital Trust Vi)
Redemption of Securities for Sinking Fund. Not less than 60 45 days (unless otherwise indicated in the Board Resolution, supplemental indenture hereto or Officer’s Certificate in respect of a particular Series of Securities or unless a shorter period shall be satisfactory to the Trustee) prior to each sinking fund payment date for Securities any Series of any seriesSecurities, the Company Issuer will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series Series pursuant to the terms of that seriesSeries, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of the Securities of that series Series pursuant to Section 120210.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 days (unless otherwise indicated in the Board Resolution, Officer’s Certificate or supplemental indenture in respect of a particular Series of Securities) before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 3.2 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 11043.3. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 3.4, 3.5 and 11073.6.
Appears in 3 contracts
Sources: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate a Company Order specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, 1202 and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 45 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. ARTICLE THIRTEEN DEFEASANCE AND COVENANT DEFEASANCE SECTION 1301. COMPANY'S OPTION TO EFFECT DEFEASANCE OR COVENANT DEFEASANCE. The Company may at its option by Board Resolution, at any time, elect to have either Section 1302 or Section 1303 applied to the Outstanding Securities of any series upon compliance with the conditions set forth below in this Article Thirteen.
Appears in 3 contracts
Sources: Indenture (NGC Corp), Indenture (NGC Corp), Indenture (NGC Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less more than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1105, 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (CBS Corp), Indenture Agreement (CBS Operations Inc.), Senior Subordinated Indenture (CBS Operations Inc.)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Operating Partnership shall deliver to the Trustee an Officers' Certificate ’ Certificate, which the Trustee shall be entitled to rely upon, specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, the basis for such credit and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Operating Partnership shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Operating Partnership in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Dupont Fabros Technology, Inc.), Indenture (Rhino Equity LLC), Indenture (Kite Realty Group, L.P.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, 1202 and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specifieddelivered. Not less than 30 and not more than 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Oakwood Homes Corp), Indenture (Oakwood Homes Corp), Indenture (Oakwood Homes Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that the series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash such in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and an at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Senior Indenture (Liberty Property Limited Partnership), Indenture (Liberty Property Limited Partnership), Subordinated Indenture (Liberty Property Limited Partnership)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the amount of any optional amount, if any, sinking fund payment to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and crediteddelivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 3 contracts
Sources: Indenture (PHH Corp), Indenture (PHH Corp), Indenture (PHH Corp)
Redemption of Securities for Sinking Fund. Not less than 60 30 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Anixter International Inc), Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company Issuer will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120213.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.06 and 110711.07.
Appears in 3 contracts
Sources: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.06 and 1107.11.07. ARTICLE THIRTEEN - REPAYMENT AT THE OPTION OF HOLDERS
Appears in 3 contracts
Sources: Indenture (Camden Property Trust), Indenture (Boston Properties LTD Partnership), Indenture (American Campus Communities Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company Partnership will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Partnership shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Partnership in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.. ARTICLE THIRTEEN - REPAYMENT AT THE OPTION OF HOLDERS
Appears in 3 contracts
Sources: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Gables Realty Limited Partnership)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 45 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (CSX Transportation Inc), Indenture (CSX Transportation Inc), Indenture (Nyc Newco Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the basis for such credit and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 Section 11.6 and 1107Section 11.7.
Appears in 3 contracts
Sources: Indenture (Aptargroup, Inc.), Indenture (WaferGen Bio-Systems, Inc.), Indenture (Delcath Systems Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for any particular series of Securities (or such shorter period as shall be satisfactory to the Subordinated Trustee for the Securities of any such series), the Company Issuer will deliver to the Subordinated Trustee for the Securities of such series an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such that series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such seriesthat series and except as provided in Sections 3.11(b), 3.11(d) and 3.11(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, 12.02 and shall state the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, basis for such credit and that such Securities have not previously been so credited and will also deliver to the such Subordinated Trustee any Securities to be so delivered and crediteddelivered. If The Issuer or the Subordinated Trustee for the Securities of such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee series shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.05, 11.06 and 110711.07.
Appears in 3 contracts
Sources: Subordinated Indenture (Prudential Funding (Asia) PLC), Subordinated Indenture (Prudential PLC), Subordinated Indenture
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. ARTICLE THIRTEEN REPAYMENT AT THE OPTION OF HOLDERS SECTION 1301. APPLICABILITY OF ARTICLE. Repayment of Securities of any series before their Stated Maturity at the option of Holders thereof shall be made in accordance with the terms of such Securities, if any, and (except as otherwise specified by the terms of such series established pursuant to Section 301) in accordance with this Article.
Appears in 3 contracts
Sources: Indenture (Centerpoint Properties Trust), Indenture (Centerpoint Properties Trust), Indenture (Developers Diversified Realty Corp)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company Partnership will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Partnership shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Partnership in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Beacon Properties L P), Indenture (Bradley Operating L P), Indenture (Summit Properties Partnership L P)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any particular series of any seriesSecurities, the Company will Issuer shall deliver to the Trustee for the Securities of such series an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such that series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such that series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, 1202 and shall state the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, basis for such credit and will that such Securities have not previously been so credited and shall also deliver to the such Trustee any Securities to be so delivered and crediteddelivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Such Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (CubeSmart, L.P.), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Sunstone Hotel Investors, Inc.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company Issuer will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 12021302, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date shall be selected in the manner specified in Section 1103 1203 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 11041204. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 1206 and 1107.1207. ARTICLE FOURTEEN REPAYMENT AT THE OPTION OF HOLDERS
Appears in 3 contracts
Sources: Supplemental Indenture (Kimco Realty OP, LLC), Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty Corp)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 3 contracts
Sources: Indenture (Walgreens Boots Alliance, Inc.), Indenture (Nordstrom Inc), Indenture (Cox Radio Inc)
Redemption of Securities for Sinking Fund. Not less than 60 45 ----------------------------------------- days prior to each sinking fund payment date (unless the Trustee shall allow a lesser period of time) for any series of Securities of (including any seriesCoupons), the Company will (1) deliver to the Trustee an Officers' Certificate (A) stating that no defaults in the payment of interest or Events of Default with respect to Securities (including any Coupons) of that series have occurred (which have not been waived or cured), (B) specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities (including any Coupons) of that series pursuant to Section 12023.9 and (C) if applicable, and stating whether or not the Company intends to exercise its right to make an optional amount, if any, sinking fund payment with respect to be added in cash to such series on the next ensuing mandatory sinking fund paymentpayment date and, if so, specifying the amount of such optional sinking fund payment and will also (2) deliver to the Trustee any Securities (including any Coupons) to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specifieddelivered. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities (including any coupons) to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 3.4 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 11073.5.
Appears in 3 contracts
Sources: Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Corp), Multiple Series Indenture (Usx Capital Trust I)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any particular series of any seriesSecurities, the Company will Issuer shall deliver to the Trustee for the Securities of such series an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such that series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such that series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, 1202 and shall state the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, basis for such credit and will that such Securities have not previously been so credited and shall also deliver to the such Trustee any Securities to be so delivered and crediteddelivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Such Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Lexington Master Limited Partnership), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Realty Trust)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any seriesSeries, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series Series pursuant to the terms of that seriesSeries, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series Series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such seriesSeries) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series Series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.06 and 110711.07.
Appears in 3 contracts
Sources: Indenture Agreement (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership)
Redemption of Securities for Sinking Fund. Not less than 60 45 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Operating Partnership shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Operating Partnership shall thereupon be obligated to pay the amount therein specified. Not less than 30 45 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Operating Partnership in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company Issuer will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 3 contracts
Sources: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Issuers shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the basis for such credit and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuers shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuers in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections Section 1106 and Section 1107.
Appears in 2 contracts
Sources: Senior Indenture (Williams Partners Finance Corp), Subordinated Indenture (Williams Partners Finance Corp)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 12021302, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not more than 75 days or less than 30 45 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.. ARTICLE FOURTEEN [INTENTIONALLY OMITTED] [INTENTIONALLY OMITTED] ARTICLE FIFTEEN
Appears in 2 contracts
Sources: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will Issuer shall deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 2 contracts
Sources: Indenture (Ardent Health, Inc.), Indenture (Reckson Operating Partnership Lp)
Redemption of Securities for Sinking Fund. Not less than 60 ----------------------------------------- days prior to each sinking fund payment date for Securities of any series, the Company will shall deliver to the Trustee an Officers' a Company Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that such series pursuant to the terms of that such series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that such series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will shall also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Company Certificate shall specify specifies an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon on such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 2 contracts
Sources: Indenture (Security Capital U S Realty), Indenture (Security Capital U S Realty)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 2 contracts
Sources: Indenture (Tenneco Inc), Indenture (Tenneco Automotive Operating Co Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any particular series of any seriesSecurities, the Company will deliver to the Trustee for the Securities of such series an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such that series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesthat series and except as provided in Sections 311(b), 311(d) and 311(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, 1202 and shall state the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, basis for such credit and that such Securities have not previously been so credited and will also deliver to the such Trustee any Securities to be so delivered and crediteddelivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Such Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 2 contracts
Sources: Indenture (Philip Morris Companies Inc), Indenture (Philip Morris Companies Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company Issuer will deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which that is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which that is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company Issuer shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 110711.7.
Appears in 2 contracts
Sources: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Health Care Limited Partnership)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Officer’s Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 1202, and the basis for such credit and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Officer’s Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections Section 1106 and Section 1107.
Appears in 2 contracts
Sources: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next next, ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120213.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 60 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 12.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110412.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 12.6 and 110712.7.
Appears in 2 contracts
Sources: Indenture (Cit Group Inc), Indenture (Cit Group Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for any series of Securities (or Securities of any seriessuch series having the same Terms), the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment Mandatory Sinking Fund Payment for that series (or Securities of such series having the same Terms) pursuant to the terms Terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series (or Securities of such series having the same Terms) pursuant to Section 120210.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund paymentMandatory Sinking Fund Payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 9.03 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 11049.04. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 9.05, 9.06 and 1107.9.07. 46 PAGE 45
Appears in 2 contracts
Sources: Indenture (Columbia Gas System Inc), Indenture (Columbia Gas System Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 120212.02, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' ’ Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.04 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.05. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.07 and 110711.08.
Appears in 2 contracts
Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Redemption of Securities for Sinking Fund. Not less fewer than 60 days prior to each sinking fund payment date for Securities of any seriesSecurities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series such Securities pursuant to the terms of that seriessuch Securities, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, 1202 and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specifieddelivered. Not less fewer than 30 days before prior to each such sinking fund payment date date, the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107. ARTICLE THIRTEEN DEFEASANCE AND COVENANT DEFEASANCE SECTION 1301. COMPANY'S OPTION TO EFFECT DEFEASANCE OR COVENANT DEFEASANCE. The Company may elect, at its option at any time, to have Section 1302 or Section 1303 applied to any Securities or any series of Securities, as the case may be, designated pursuant to Section 301 as being defeasible pursuant to such Section 1302 or 1303, in accordance with any applicable requirements provided pursuant to Section 301 and upon compliance with the conditions set forth below in this Article. Any such election shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities.
Appears in 2 contracts
Sources: Indenture (Hewlett Packard Co), Indenture (Hewlett Packard Co)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities of any series, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Subsections 312(b), 312(d) and 312(e)) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered and credited. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 2 contracts
Sources: Indenture (Clearone Communications Inc), Indenture (Clearone Communications Inc)
Redemption of Securities for Sinking Fund. Not less than 60 75 days prior to each sinking fund payment date for Securities any series of any seriesSecurities, the Company will shall deliver to the Trustee an Officers' Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) and the portion thereof, if any, which is to be satisfied by delivering and crediting of Securities of that series pursuant to Section 120212.2, and the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, and will also deliver to the Trustee any Securities to be so delivered credited and creditednot theretofore delivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 45 days before each such sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in the manner specified in Section 1103 11.3 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company in the manner provided in Section 110411.4. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 11.6 and 1107.11.7. 77 86 ARTICLE 13 REPAYMENT AT THE OPTION OF HOLDERS
Appears in 2 contracts
Sources: Indenture (Homeside Lending Inc), Indenture (Homeside Lending Inc)
Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for Securities any particular series of any seriesSecurities, the Company will Issuer shall deliver to the Trustee for the Securities of such series an Officers' ’ Certificate specifying the amount of the next ensuing mandatory sinking fund payment for that series pursuant to the terms of that series, the portion thereof, if any, which is to be satisfied by payment of cash in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such that series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such that series) and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to Section 1202, 1202 and shall state the optional amount, if any, to be added in cash to the next ensuing mandatory sinking fund payment, basis for such credit and will that such Securities have not previously been so credited and shall also deliver to the such Trustee any Securities to be so delivered and crediteddelivered. If such Officers' Certificate shall specify an optional amount to be added in cash to the next ensuing mandatory sinking fund payment, the Company shall thereupon be obligated to pay the amount therein specified. Not less than 30 days before each such sinking fund payment date the Such Trustee shall select the Securities to be redeemed in accordance with the applicable customary procedures of Depository upon such sinking fund payment date in the manner specified in Section 1103 and cause notice of the redemption thereof to be given in the name of and at the expense of the Company Issuer in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be made upon the terms and in the manner stated in Sections 1106 and 1107.
Appears in 2 contracts
Sources: Indenture (Sovran Acquisition LTD Partnership), Indenture (Sovran Acquisition LTD Partnership)