Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 6 contracts
Sources: Indenture (Citadel Communications Corp), Indenture (E&s Holdings Corp), Indenture (Randalls Food Markets Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, the particular Notes to be redeemed shall be selected made not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, on a pro rata basis, by lot or by such other method as the applicable Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesappropriate; provided, however, provided that no such partial redemption Notes of $1,000 or less shall reduce the portion of the principal amount of a Note not be redeemed to less than $1,000. in part.
(a) The Trustee shall promptly notify the Company Issuers in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the portion of the principal amount thereof to be redeemed. On and after the Redemption Date, interest and Liquidated Damages will cease to accrue on Notes or portions thereof called for redemption.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 5 contracts
Sources: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co)
Selection by Trustee of Notes to Be Redeemed. If Except as may be otherwise specified in a Supplemental Indenture with respect to a series of Notes thereby created, if less than all of the Outstanding Notes of any series are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Notes of that series not previously called for redemptionredemption so that, to the maximum extent possible taking into account redemption of Notes in compliance with $5,000 increments approximately equal percentages of each Stated Maturity of Notes of such series will be redeemed. If less than all Notes of a series and a Stated Maturity are to be redeemed, the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, Trustee shall select by lot or by in such other method manner as the Trustee shall deem fair and appropriate (the particular Notes of such Stated Maturity and in such manner as complies with applicable legal requirements) and which series to be redeemed. The Trustee may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce Notes in the portion denomination larger than $5,000 or the smallest authorized denomination of the principal amount Notes of a Note not redeemed to less than $1,000that series or an integral multiple thereof. The Trustee shall promptly notify the Company Corporation and any Paying Agent in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount Principal Amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 5 contracts
Sources: Indenture of Trust (Education Loans Inc /De), Indenture of Trust (Education Loans Inc /De), Indenture of Trust (Education Loans Inc /De)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Notes of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion series or any integral multiple thereof) of the principal amount of Notes of such series of a Note not redeemed to less denomination larger than $1,000the minimum authorized denomination for Notes of that series. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 4 contracts
Sources: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such Notes selected for partial redemption shall reduce the portion be in denominations of the principal amount of a Note not redeemed to less than $1,0001,000 and integral multiples thereof. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemedredeemed and upon the Company’s written approval of such selection, the Trustee shall redeem the selected Notes. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 4 contracts
Sources: Indenture (Aar Corp), Indenture (Saks Inc), Indenture (Aar Corp)
Selection by Trustee of Notes to Be Redeemed. (a) If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not less than 30 days nor more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisrata, by lot or by such any other method as the Trustee shall deem fair and appropriate (and or in such manner as complies with applicable legal requirementsthe case of notes in global form, the Trustee will select Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. .
(b) The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. .
(c) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 4 contracts
Sources: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)
Selection by Trustee of Notes to Be Redeemed. If In the case of any redemption pursuant to Section 11.1(b):
(a) if less than all of the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 twenty (20) days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on pursuant to a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and random selection procedure which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount (equal to $100 and integral multiples in excess thereof) of a Note not redeemed to less than $1,000Note. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all ; and
(b) for purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 4 contracts
Sources: Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular selection of such Notes to be redeemed for redemption shall be selected made by the Trustee not more than 60 days prior to the Redemption Date by the TrusteeDate, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion Notes of the principal amount of a Note not redeemed to less than $1,0001,000 shall be redeemed in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 4 contracts
Sources: Indenture (Alliance Imaging Inc /De/), Indenture (Alliance Imaging Inc /De/), Indenture (NXS I LLC)
Selection by Trustee of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemedredeemed pursuant to a redemption made pursuant to paragraph 6 of the Notes, selection of the particular Notes to be redeemed for redemption shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national security exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesappropriate; provided, however, that no such partial redemption shall reduce the portion Notes of the a principal amount of a Note not $2,000 or less shall be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relatecalled for redemption. The Issuer may acquire Notes by means other than redemption, in whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the case other terms of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedthis Indenture.
Appears in 4 contracts
Sources: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.), Indenture (M I Homes Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the particular selection of Notes to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee (i) in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, listed or (ii) if such the Notes are not so listed, (A) on a pro rata basisbasis or (B) if all of the Notes are represented by a Global Note, by lot or by such other method as and if selection on a pro rata basis would be inconsistent with the Trustee shall deem fair Applicable Procedures, then in accordance with the Applicable Procedures from among those Notes that are outstanding and appropriate (and in such manner as complies with applicable legal requirements) and which may provide not previously called for the selection for redemption of redemption. The portions of the principal of Notes; provided, however, that no such Notes so selected for partial redemption shall reduce the portion of the principal amount of a Note not redeemed be equal to less than $1,0001.00 or an integral multiple thereof. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (NextWave Wireless LLC), Non Recourse Secured Notes Indenture (NextWave Wireless LLC), Indenture (NextWave Wireless LLC)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on a pro rata basisbasis (or, in the case of Global Notes, Notes will be selected for redemption using the method prescribed by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) DTC), and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify any Notes, provided that the Company in writing unredeemed portion of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to of any Note shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this the Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 3 contracts
Sources: Seventeenth Supplemental Indenture (Concho Resources Inc), Fifteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the Outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal national securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and appropriate, in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption integral multiples of portions $1,000, although no Note of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the $2,000 in original principal amount of a Note not or less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Core & Main, Inc.), Indenture (Nci Building Systems Inc), Indenture (Us Foods, Inc.)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes of any series, or any Tranche thereof, are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Notes of such series or Tranche, not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which by such Notes are listed, method as shall be provided for any particular series or, if in the absence of any such Notes are not so listed, on a pro rata basisprovision, by lot or by such other method of random selection as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Notes of such series or any integral multiple thereof) of the principal amount of NotesNotes of such series of a denomination larger than the minimum authorized denomination for Notes of such series; provided, however, that no such partial redemption if, as indicated in an Officers' Certificate, the Company shall reduce the portion of the have offered to purchase all or any principal amount of a Note not redeemed to the Notes then Outstanding of any series, and less than $1,000all of such Notes as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Notes which have not been so tendered. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Texas New Mexico Power Co), Indenture (PNM Resources Inc), Indenture (Public Service Co of New Mexico)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes of any series are to be redeemed (unless all the Notes of such series and of a specified tenor are to be redeemed), the particular Notes to be redeemed shall be selected not more than 60 35 days prior to the Redemption Date by the Trustee, from the Outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot basis or by such any other method as that the Trustee shall deem deems fair and appropriate (and in such manner as which complies with any securities exchange or other applicable legal requirements) and which may provide for the selection requirements for redemption of portions (equal to the minimum authorized denomination for Notes of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion series or any integral multiple thereof) of the principal amount of Notes of such series of a Note not redeemed to less denomination larger than $1,000the minimum authorized denomination for Notes of that series. The Trustee shall promptly notify the Company Corporation in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture for Subordinated Notes (State Bancorp Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD), Indenture (Bunge LTD)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that the Notes will not be redeemed in amounts less than the minimum authorized denomination of U.S.$1,000 and that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of (equal to the principal of Notes; provided, however, that no such partial redemption shall reduce minimum authorized denomination for the portion Notes or any integral multiple thereof) of the principal amount of the Notes of a Note not redeemed to less denomination larger than $1,000the minimum authorized denomination for the Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed. If the Notes are represented by Global Notes, the beneficial interests therein shall be selected by the Depository in accordance with its customary procedures.
Appears in 3 contracts
Sources: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a any Note, provided that the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (which shall not redeemed to be less than $1,000the minimum authorized denomination) for such Note. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (380 Development, LLC), Indenture (380 Development, LLC), Indenture (International Speedway Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, or by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; providedPROVIDED, howeverHOWEVER, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Burke Industries Inc /Ca/), Indenture (Burke Flooring Products Inc), Indenture (Burke Industries Inc /Ca/)
Selection by Trustee of Notes to Be Redeemed. (1) If less than all the Notes of any Series are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes of such Series not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal amount of NotesNotes of such Series; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000the minimum authorized denomination for Notes of such Series established pursuant to Section 3.1. The Trustee may make regulations with regard to the manner in which Notes are selected for redemption, and regulations so made shall be valid and binding upon all Holders.
(2) The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. .
(3) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (Brookfield Property Partners L.P.)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the particular selection of Notes to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem deems fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; providedappropriate, however, provided that no such partial redemption shall reduce the portion of the Notes with a principal amount of a Note not $1,000 or less shall be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Decisionone Corp /De), Indenture (Quaker Holding Co), Indenture (Decisionone Corp /De)
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture as contemplated by Section 2.2, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on as nearly a pro rata basis, basis as possible or by lot or by such other similar method in accordance with the Applicable Procedures (subject to such rounding as the Trustee may be necessary so that Notes are redeemed in whole increments of $1,000 and no Note of $2,000 in principal amount or less shall deem fair and appropriate (be redeemed in part), and in accordance with the Applicable Procedures. If any Note is to be redeemed in part only, the notice of redemption relating to such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce Note will state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than $1,000in accordance with Section 5.8. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (F&G Annuities & Life, Inc.), Indenture (FGL Holdings), Indenture (Fidelity & Guaranty Life)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements requirements, as set forth in an Officers’ Certificate delivered by the Issuer to the Trustee, of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, then on a pro rata basisbasis (or, by lot or by in the case of Global Notes, the Trustee will select Notes for redemption based on such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirementsDTC may prescribe) and which may provide for the selection for redemption of portions of the principal of Notesthe Notes in minimum denominations of $2,000 or larger integral multiples of $1,000; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,0002,000. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,0002,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. For all purposes of this the Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed. If the Company shall so direct, Notes registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Notes selected for redemption.
Appears in 3 contracts
Sources: Second Supplemental Indenture (Berry Petroleum Co), First Supplemental Indenture (Berry Petroleum Co), First Supplemental Indenture (Berry Petroleum Co)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee will select the particular Notes or portions (equal to be redeemed shall be selected not U.S. $1,000 or any integral multiple thereof) as follows:
(a) if the Notes are listed on one or more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemptionsecurities exchanges, in compliance with the requirements of the principal national securities exchangerequirements, if any, of the principal securities exchange on which such the Notes are listed, listed (as set forth in an Officers’ Certificate delivered by the Company to the Trustee); or,
(b) if such the Notes are not so listedlisted or if such requirements are not so certified, on a pro rata basis, by lot or by such other method as the Trustee shall deem deems fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000appropriate. The Trustee shall promptly notify the Company and each Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 3 contracts
Sources: Indenture (Edenor), Indenture (Edenor), Indenture (Edenor)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot basis or by such other method as lot, which shall comply with the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) procedures of the Clearing Systems and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000€100,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Bunge Limited Finance Corp), Indenture (Bunge LTD)
Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, on either a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate (and in such manner as complies equitable; PROVIDED, HOWEVER, that if a partial redemption is made with applicable legal requirements) and which may provide for the proceeds of a Qualified Equity Offering, selection of the Notes or portion thereof for redemption of portions of shall be made by the principal of Notes; providedTrustee on a PRO RATA basis, however, that no unless such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000method is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.
Appears in 2 contracts
Sources: Indenture (Cole National Corp /De/), Indenture (Cole National Group Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies appropriate, which shall comply with applicable legal requirements) the procedures of DTC and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000[ ]. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture Agreement (Bunge Limited Finance Corp), Indenture (Bunge Finance Europe B.V.)
Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, on either a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesappropriate; provided, however, that no such if a -------- ------- partial redemption shall reduce is made with the portion proceeds of a Public Equity Offering, selection of the principal amount Notes or portion thereof for redemption shall be made by the Trustee on a pro rata basis, unless such a method is prohibited by law or by the --- ---- rules of a Note not redeemed to less than $1,000such national securities exchange. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.
Appears in 2 contracts
Sources: Indenture (Pierce Leahy Corp), Indenture (Pierce Leahy Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the Outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal national securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for case of Global Notes, subject to the selection for redemption of portions procedures of the principal of Notes; providedDepositary), however, that although no such partial redemption shall reduce Note less than the portion of the Minimum Denomination in original principal amount of a Note not will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, unless the company defaults in payment of the redemption price, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Hertz Corp), Indenture (Hertz Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the particular Trustee shall select Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basisbasis unless otherwise required by law, by lot the Depositary or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal stock exchange requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no Notes in an unauthorized denomination shall be redeemed in part. No Notes of $2,000 or less can be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption Note shall reduce state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than $1,000in accordance with Section 5.7. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Solgar), Indenture (American Renal Associates LLC)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (World Access Inc /New/), Indenture (World Access Inc /New/)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national securities exchange, on a pro rata basis, basis or by lot or by such any other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 2 contracts
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes of a particular tranche are to be redeemed, the Trustee may select the particular Notes of such tranche to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trusteefor such Notes, from the Outstanding outstanding Notes of such tranche not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of (equal to the principal of minimum authorized denomination for such Notes; provided, however, that no such partial redemption shall reduce the portion or any multiple thereof) of the principal amount of Notes of such tranche of a Note not redeemed to less denomination larger than $1,000the minimum authorized denomination for such Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes of a particular tranche shall relate, in the case of any Note of a particular tranche redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Stanley Works), Indenture (Black & Decker Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 30 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchangeby lot, if anypro rata, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than $1,000. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Primus Telecommunications Group Inc), Indenture (Primus Telecommunications Group Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements any applicable rules of the Luxembourg Stock Exchange or the principal national U.S. securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on the Luxembourg Stock Exchange or a U.S. securities exchange or if there are no applicable rules, on a pro rata basis, by lot or by --- ---- such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion note of the DM 1,000 in principal amount of a Note not at maturity or -------- ------- less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, selection of such Notes for redemption or purchase, as the particular Notes to be redeemed case may be, shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes); provided, however, provided that no such partial redemption Notes of $1,000 or less shall reduce the portion of the principal amount of a Note not be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Houston Exploration Co), Indenture (KSL Recreation Group Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a any Note, provided that the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (which shall not redeemed to be less than $1,000the minimum authorized denomination) for such Note. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the particular selection of Notes to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listed, on a pro rata basis, by lot basis or by such other method as in accordance with the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of NotesApplicable Procedures; provided, however, provided that no such partial redemption shall reduce the portion Notes of the $1,000 principal amount of a Note not or less shall be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Arch Wireless Communications Inc), Indenture (Arch Wireless Communications Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements requirements, as set forth in an Officers’ Certificate delivered by the Issuer to the Trustee, of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, then on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and or, in such manner as complies with applicable legal requirements) and which may provide for the selection case of Global Notes, the Trustee will select Notes for redemption of portions of the principal of Notesbased on such method as DTC may prescribe); provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,0002,000 (or $1.00 after a PIK Payment). The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not less than 30 days nor more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisrata, by lot or by such any other method as the Trustee shall deem fair and appropriate (and or in such manner as complies with applicable legal requirementsthe case of notes in global form, the Trustee will select Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial Notes and portions of Notes selected for redemption shall reduce the portion be in amounts of the principal amount $2,000 or integral multiples of a Note not redeemed to less than $1,0001,000 in excess of $2,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Fourth Supplemental Indenture (Comstock Oil & Gas GP, LLC), Third Supplemental Indenture (Comstock Oil & Gas GP, LLC)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of (equal to the principal of Notes; provided, however, that no such partial redemption shall reduce minimum authorized denomination for the portion Notes or any integral multiple thereof) of the principal amount of the Notes of a Note not redeemed to less denomination larger than $1,000the minimum authorized denomination for the Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate appropriate, including by lot or pro rata (subject to the then current rules and in such manner as complies with procedures of the applicable legal requirements) Depositary), and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing Notes; provided that the unredeemed portion of the principal amount of the Notes selected shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemedNotes. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Ares Management Corp), Indenture (Apollo Global Management, Inc.)
Selection by Trustee of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemedredeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the particular Notes to be redeemed for redemption shall be selected not more than 60 days prior to made by lot (if the Redemption Date by Notes are issued in physical form) or in accordance with the TrusteeDepository’s applicable procedures (if the Notes are issued in global form) and in each case, from if the Outstanding Notes not previously called for redemptionare listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which such the Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion Notes of the a principal amount of $2,000 or less shall be redeemed in part. If a Note not redeemed partial redemption is made pursuant to less than $1,000paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee by lot (subject to the procedures of the Depository), unless that method is otherwise prohibited. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $2,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relatecalled for redemption. The Issuer may acquire Notes by means other than redemption, in whether pursuant to an Issuer tender offer, open market purchase or otherwise, provided such acquisition does not otherwise violate the case other terms of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedthis Indenture.
Appears in 2 contracts
Sources: Indenture (EDGEWELL PERSONAL CARE Co), Indenture (EDGEWELL PERSONAL CARE Co)
Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot or by in such other method manner as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesappropriate; provided, however, that no such if a partial redemption shall reduce is made with the portion proceeds of a Qualified Equity Offering, selection of the principal amount of Notes or portions thereof for redemption shall be made by the Trustee only on a Note not redeemed pro rata basis or on as nearly a pro rata basis as is practicable (subject to less than $1,000DTC procedures), unless such method is otherwise prohibited. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.
Appears in 2 contracts
Sources: Indenture (Massey Energy Co), Indenture (Massey Energy Co)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basis, by lot basis or by such other method as lot, and, in the Trustee shall deem fair and appropriate (and case of Notes represented by a Global Note held by the Depository, in such manner as complies accordance with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of NotesDepository procedures; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company Issuer in writing of all available information (including information obtainable from the Depository) concerning the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies appropriate, which shall comply with applicable legal requirements) the procedures of DTC and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the particular selection of Notes to be redeemed for redemption shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesappropriate; provided, however, provided that no such partial redemption Notes of $1,000 or less shall reduce the portion of the principal amount of a Note not be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies appropriate, which shall comply with applicable legal requirements) the procedures of DTC and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Bunge Limited Finance Corp), Indenture (Bunge LTD)
Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, on either a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesequitable; provided, however, that no such if a partial redemption shall reduce is made with the portion proceeds of a Public Equity Offering, selection of the principal amount of Notes or portion thereof for redemption shall be made by the Trustee on a Note not redeemed to less than $1,000pro rata basis, unless such a method is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.
Appears in 2 contracts
Sources: Indenture (Park Ohio Industries Inc), Indenture (Entex Information Services Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, listed by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesappropriate; provided, however, that no Note of $1000 in principal amount or less shall be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption Note shall reduce state the portion of the principal amount of a Note not redeemed thereof to less than $1,000be redeemed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (United Artists Theatre Co), Indenture (United Artists Theatre Co)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) ), and which may provide for the selection for redemption of portions of the principal of Notesthe Notes (equal to $2,000 or in an integral multiple of $1,000 in excess thereof); provided, however, that no Notes of $2,000 in principal amount or less shall be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption shall reduce Note will state the portion of the principal amount of a Note not redeemed thereof to less than $1,000be redeemed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Cimarex Energy Co), Indenture (Columbus Energy Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisbasis among the classes of Notes, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Earth Products, Inc.), Indenture (Tower Automotive Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed pursuant to Section 11.01, the particular Notes to be redeemed shall be selected selected, not more than 60 90 days prior to the Redemption Date Date, by the Trustee, Trustee from among the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of (equal to the principal of Notes; provided, however, that no such partial redemption shall reduce minimum authorized denomination for the portion Notes or any integral multiple thereof) of the principal amount of the Notes of a Note not redeemed to less denomination larger than $1,000the minimum authorized denomination for the Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Fiserv Inc), Indenture (Fiserv Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes of any series with the same issue date, interest rate or formula, Stated Maturity and other terms are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000appropriate. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed. Unless otherwise specified in or pursuant to this Indenture or the Notes of any series, if any Note selected for partial redemption is converted into other securities of the Company or exchanged for securities of another issuer in part before termination of the conversion or exchange right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted or exchanged during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection.
Appears in 2 contracts
Sources: Senior Indenture (Cit Group Inc), Subordinated Indenture (Cit Group Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the particular Trustee shall select Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basis, basis or by lot unless otherwise required by law, the Depositary or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal stock exchange requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no Notes in an unauthorized denomination shall be redeemed in part. No Notes of $2,000 or less can be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption Note shall reduce state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than $1,000in accordance with Section 5.7. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days or less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are quoted or listed, or, or if such Notes are not so quoted or listed, on a pro rata basis, by lot or by such other method as that complies with applicable legal requirements and that the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than $1,000. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, PRO RATA basis by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; providedPROVIDED, howeverHOWEVER, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the Outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal national securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and appropriate, in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption integral multiples of portions $1,000, although no Note of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the Minimum Denomination in original principal amount of a Note not or less will be redeemed to less than $1,000in part. 158 1010271152v11010271152_5.doc The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed. Section 1005.
Appears in 1 contract
Sources: Fifth Supplemental Indenture (Cornerstone Building Brands, Inc.)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed, to the fullest extent practicable, to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed, may be treated by the Trustee as outstanding for the purpose of such selection. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Bunge LTD)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, -------- however, that no such partial redemption shall reduce the portion of the ------- principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate (and in such manner as complies equitable; PROVIDED, HOWEVER, that if a partial redemption is made with applicable legal requirements) and which may provide for the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption of portions of shall be made by the principal of Notes; providedTrustee on a PRO RATA basis to the extent practical, however, that no unless such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000method is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.
Appears in 1 contract
Sources: Indenture (Glasstech Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as that complies with all applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000the minimum authorized denomination for the Notes established pursuant to Section 302. The Trustee shall promptly notify the Company and the Note Registrar (if other than the Trustee) in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Nine West Group Inc /De)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata PRO RATA basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; providedPROVIDED, howeverHOWEVER, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of NotesNotes and, in the case of Notes represented by a Global Note held by the Depository, in accordance with Depository procedures; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company Issuer in writing of all available information (including information obtainable from the Depository) concerning the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Centurylink, Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 30 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than $1,000. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Signature Resorts Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,0002,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Accuride Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Notes not previously called for redemption, redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national securities exchange, on a pro rata basis, basis or by lot or by such any other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no -------- ------- such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from the Outstanding Notes not previously called for redemption, Redemption Date if such notice is issued in compliance connection with the requirements defeasance of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, pursuant to Section 1201 or a satisfaction and discharge of this Indenture pursuant to Section 1101) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and appropriate, in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption integral multiples of portions $1,000, although no Note of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the $2,000 in original principal amount of a Note not or less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Envision Healthcare Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the of a series of Notes are to be redeemed, the particular Notes of such series to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or redemption by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notesappropriate; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,0002,000; provided, that beneficial interests in Notes represented by one or more Global Notes shall be selected for redemption by DTC in accordance with its standard procedures. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the applicable series of Notes selected for redemption and, in the case of any series of Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Second Supplemental Indenture, unless the context otherwise requires, all provisions relating to the redemption of a series of Notes shall relate, in the case of any Note series of Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note applicable series of Notes which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, the particular Notes to be redeemed shall be selected made not more than 60 days and not less than 30 days prior to the Redemption Date redemption date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, or if such the Notes are not so listed, then on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and appropriate, although no Note of $1,000 in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the original principal amount of a Note not or less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the redemption date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed. The Company shall certify to the Trustee, from time to time, if the Notes are listed on a national securities exchange and absent receipt of any such certification from the Company, the Trustee shall be entitled to assume in good faith that the Notes are not listed on a national securities exchange.
Appears in 1 contract
Sources: Indenture (Iesi Tx Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basis, by lot or by such any other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Scovill Holdings Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular selection of such Notes to be redeemed for redemption shall be selected made by the Trustee not more than 60 days prior to the Redemption Date by the TrusteeDate, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; providedPROVIDED, howeverHOWEVER, that no such partial redemption shall reduce the portion Notes of the principal amount of a Note not redeemed to less than $1,0001,000 shall be redeemed in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. (a) If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Indenture 112 from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than $1,000. ; provided that the Trustee shall select the Notes to be redeemed on as nearly a pro rata basis as is practicable.
(b) The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. .
(c) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Sanmina-Sci Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the -------- ------- portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the TrusteeTrustee within seven Business Days after it receives the notice described in 3.3, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, by lot or, if such Notes are not so listedin the Trustee's sole discretion, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and . If any Note selected for partial redemption is converted in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions part before termination of the principal of Notes; provided, however, that no such partial redemption shall reduce conversion right with respect to the portion of the principal amount Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a Note not selection of Notes to be redeemed to less than $1,000may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes securities selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (HNC Software Inc/De)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected less than 30 nor not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisbasis among the classes of Notes, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,0002,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, redemption by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of NotesNotes and, in the case of Notes represented by a Global Note held by the Depository, in accordance with Depository procedures; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company Issuer in writing of all available information (including information obtainable from the Depository) concerning the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Qwest Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion Note of the $1,000 or less in principal amount of a Note not at maturity shall be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the Outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal national securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for case of Global Notes, subject to the selection for redemption of portions procedures of the principal of Notes; providedDepositary), however, that although no such partial redemption shall reduce the portion Note of the Minimum Denomination in original principal amount of a Note not or less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, unless the company defaults in payment of the redemption price, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Hertz Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 sixty (60) days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than $1,000. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Prime Hospitality Corp)
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture as contemplated by Section 2.2, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on as nearly a pro rata basis, basis as possible or by lot or by such other similar method in accordance with the Applicable Procedures (subject to such rounding as the Trustee may be necessary so that Notes are redeemed in whole increments of $1,000 and no Note of $2,000 in principal amount or less shall deem fair and appropriate (be redeemed in part), and in accordance with the Applicable Procedures. If any Note is to be redeemed in part only, the notice of redemption relating to such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce Note will state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than $1,000in accordance with Section 5.8. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (FGL Holdings)
Selection by Trustee of Notes to Be Redeemed. If less than all In the case of -------------------------------------------- any partial redemption, selection of the Notes are to for redemption will be redeemed, the particular Notes to be redeemed shall be selected made not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, or if such Notes the notes are not so listed, then on a pro rata basis, --- ---- by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and appropriate, although no Note of $1,000 in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the original principal amount of a Note not or less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed. The Company shall certify to the Trustee, from time to time, if the Notes are listed on a national securities exchange and absent receipt of any such certification from 102 the Company, the Trustee shall be entitled to assume in good faith that the Notes are not listed on a national securities exchange.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and in such manner as complies appropriate, although no Note with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the an original principal amount of a Note not redeemed equal to or less than $1,000the Minimum Denomination will be redeemed in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Servicemaster Co)
Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, and if the Notes are Global Notes held by the Depository, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements applicable operational procedures of the principal national securities exchange, if any, on which such Depository for selection of Notes are listed, or, if such for redemption will apply. If the Notes are not so listedGlobal Notes held by the Depository, the Trustee will select Notes for redemption on a pro rata basis, basis unless otherwise required by lot law or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal stock exchange requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion Notes of the a principal amount of a Note not $2,000 or less shall be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $2,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relatecalled for redemption. The Issuer may acquire Notes by means other than redemption, in whether pursuant to an Issuer tender offer, open market purchase or otherwise, provided that such acquisition does not otherwise violate the case other terms of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedthis Indenture.
Appears in 1 contract
Sources: Indenture (Hilltop Holdings Inc.)
Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate (and in such manner as complies equitable; provided that if a partial redemption is made with applicable legal requirements) and which may provide for the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption of portions of shall be made by the principal of Notes; providedTrustee on a pro rata basis to the extent practical, however, that no unless such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000method is prohibited. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for 44 -37- redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemedmade, in the particular Notes to be redeemed shall be selected case of global notes, in accordance with procedures of the Depositary or, in the case of certificated Notes, by the Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the Outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal national securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and appropriate, in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption integral multiples of portions $1,000, although no Note of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the $2,000 in original principal amount of a Note not or less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company Issuer of such Notes in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Univar Solutions Inc.)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes of a series are to be redeemed (unless all the Notes of such series and of a specified tenor are to be redeemed), the particular Notes to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot basis or by such any other method as which the Trustee shall deem deems fair and appropriate (and in such manner as which complies with any securities exchange or other applicable legal requirements) and which may provide for the selection requirements for redemption of portions (equal to the minimum authorized denomination for Notes of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion series or any integral multiple thereof) of the principal amount of a Note not redeemed to less than $1,000Notes of such series. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Kinder Morgan, Inc.)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes or Additional Notes, if any, are to be redeemed, the particular selection of Notes to be redeemed for redemption shall be selected made by the Trustee not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, redemption date in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Company shall notify the Trustee of any national securities exchange on which the Notes may be listed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.. 99
Appears in 1 contract
Sources: Indenture (Afa Products Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 90 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Details Inc)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000the minimum authorized denomination for the Notes established pursuant to Section 301. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be 85 79 redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (World Access Inc /New/)
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as lot, which shall comply with the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) procedures of Euroclear/Clearstream and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000[ ]. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount at Maturity of a Note not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Notice of redemption will be mailed, first-class postage prepaid, at least 30 but not more than 60 days before the redemption date to each holder of Notes to be redeemed at its registered address. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Dti Holdings Inc)
Selection by Trustee of Notes to Be Redeemed. 81 If less than all the Notes (or Additional Notes, if any) are to be redeemed, the particular selection of Notes to be redeemed for redemption shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $1,000. The Company shall notify the Trustee of any national securities exchange on which the Notes may be listed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed, the particular Notes to be redeemed shall be selected not less than 30 days nor more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisrata, by lot or by such any other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of Notes; provided, however, that no such partial Notes and portions of Notes selected for redemption shall reduce the portion be in amounts of the principal amount $2,000 or integral multiples of a Note not redeemed to less than $1,0001,000 in excess of $2,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.
Appears in 1 contract
Sources: First Supplemental Indenture (Comstock Oil & Gas GP, LLC)
Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the Outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal national securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions appropriate, although no Note of the principal of Notes; provided, however, that no such partial redemption shall reduce the portion of the Minimum Denomination in original principal amount of a Note not or less will be redeemed to less than $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Core & Main, Inc.)