Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereof.
Appears in 13 contracts
Sources: Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to be redeemed at any partial time pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or purchase will in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the extent applicable or by lot or by such method as procedures of the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedDepository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 10 contracts
Sources: Indenture (News Corp), Indenture (News Corp), Indenture (ANGI Homeservices Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to the second paragraph of paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, otherwise provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 9 contracts
Sources: Indenture (William Lyon Homes Inc), Indenture (Meritage Homes CORP), Indenture (Meritage Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such at any time pursuant to an optional redemption, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, 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 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, which shall comply with the procedures of DTC and which may provide for the selection for redemption or purchaseof 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.$2,000. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 7 contracts
Sources: Indenture (Bungeltd), Indenture (Bungeltd), Indenture (Bunge LTD)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such at the election of the Company, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding Notes not previously called for redemption by the Trustee in the following manner: (1) if the Notes are listed, in compliance with the requirements of the principal national securities exchange on which the Notes are listed or; (2) if the Notes are not so listed, on a pro rata basis subject to adjustment for minimum denomination. The portions of the principal amount of Notes so selected for partial redemption shall be equal to the minimum authorized denominations for Notes pursuant to Section 2.01(a) in the currency in which the Notes are denominated or purchaseany integral multiple thereof. In any case when more than one Note is registered in the same name, the Trustee, in its discretion, may treat the aggregate principal amount so registered as if it were represented by one Note. The Trustee shall promptly notify the Issuer Company and the Depositary in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 6 contracts
Sources: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such at any time pursuant to an optional redemption, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, 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 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 which may provide for the selection for redemption or purchaseof 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 Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 6 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge Limited Finance Corp), Indenture (Bunge LTD)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all the Notes are to any partial redemption or purchase of Notes made pursuant to this Indenture, selection be redeemed at the election of the Company, the particular Notes for redemption or purchase will to be made redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee on a pro rata basis to Trustee, from the extent applicable or by lot or Outstanding Notes not previously called for redemption, by such method as the Trustee shall deem fair and appropriate; provided that if appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Notes or any integral multiple thereof) of the principal amount of Notes in a denomination larger than the minimum authorized denomination for Notes pursuant to Section 3.2 in the currency in which the Notes are denominated. The portions of the principal amount of Notes so selected for partial redemption shall be equal to the minimum authorized denominations for Notes pursuant to Section 3.2 in the currency in which the Notes are denominated or any integral multiple thereof. In any case when more than one Note is registered in the same name, the Trustee, in its discretion, may treat the aggregate principal amount so registered as if it were represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseone Note. The Trustee shall promptly notify the Issuer Company and the U.S. Depositary for the Notes (if other than itself) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 5 contracts
Sources: Indenture (MGM Mirage), Indenture (MGM Mirage), Indenture (MGM Mirage)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection In the event that fewer than all of the Notes for redemption or purchase will are to be made by redeemed, the Trustee shall select the Notes to be redeemed, if the Notes are listed on a pro rata basis to national securities exchange, in accordance with the extent applicable or rules of such exchange or, if the Notes are not so listed, either on a PRO RATA basis, by lot or by in such method other manner as the Trustee shall deem fair and appropriateequitable; provided PROVIDED, HOWEVER, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes are represented by Global Notes, interests in the Notes or portions thereof for redemption shall be selected for redemption or purchase made by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed Trustee only on a PRO RATA basis or repurchased in part. Such Notes on as nearly a PRO RATA basis as is practicable (subject to be redeemed or purchased shall be selectedDTC procedures), unless such method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing Company of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 US$1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of US$1,000 or purchasedwhole multiples of US$1,000. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 4 contracts
Sources: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to be redeemed at any partial time pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or purchase will in accordance with DTC’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the extent applicable or by lot or by such method as procedures of the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedDepository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 4 contracts
Sources: Indenture (Iac/Interactivecorp), Indenture (Match Group, Inc.), Indenture (HomeAdvisor, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase In the event that less than all of Notes made pursuant for the time being outstanding are at any time to this Indenturebe redeemed, selection of the Notes for redemption or purchase so to be redeemed will be made by the Trustee selected on a pro rata basis and, where applicable, in accordance with the procedures of the Depositary. Notes and portions thereof selected shall be in amounts of any integral multiple of Cdn$1,000, except that if all of the Notes of a Holder are to be redeemed, the extent applicable or by lot or entire outstanding amount of Notes held by such method as the Trustee shall deem fair and appropriate; provided that Holder, even if not a multiple of Cdn$1,000 or even if the Notes are represented by Global of a principal amount of Cdn$1,000 or less, shall be redeemed in full. No Notes of a principal amount of Cdn$1,000 or less shall be redeemed in part. Any Note which is to be redeemed only in part shall be surrendered at the office or agency of the Company maintained for such purpose pursuant to Section 902 of the Indenture (with, if the Company, the Security Registrar or the Trustee so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the Company, the Security Registrar or the Trustee duly executed by, the Holder thereof or its attorney duly authorized in writing). Upon the proper surrender of any such Note for redemption, the Company shall execute and the Trustee shall certify and deliver without charge to the Holder or upon his or her order one or more new Notes, interests in with the same maturity and rate of interest for the unredeemed part of the principal amount of the Note or Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures thereforso surrendered; provided, furtherhowever, that no Notes that, in the case of less than $2,000 can a Global Security, an appropriate notation may instead be redeemed or repurchased in partmade on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. Such Notes to be redeemed or purchased shall be selectedFor all purposes of this Supplemental Indenture, unless the context otherwise provided hereinrequires, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior all provisions relating to the Redemption Date from the Outstanding Notes not previously called for redemption of a “Note” or purchase. The Trustee “Notes” shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase andrelate, in the case of any Note selected for partial redemption or purchaseNotes, as applicable, redeemed or to be redeemed only in part, to the portion of the principal amount thereof of such Note or Notes which has been or is to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 4 contracts
Sources: Supplemental Indenture (Rogers Communications Inc), Supplemental Indenture (Rogers Communications Inc), Nineteenth Supplemental Indenture (Rogers Communications Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements and, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that if the selection of Notes are represented by Global Notesfor redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000. If any Note is to be purchased or redeemed in part only, interests the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed portion thereof shall be issued in the Notes shall be selected for redemption or purchase by name of the Depository Holder thereof upon cancellation of the original Note in accordance with its standard procedures therefor; providedSection 5.7. On and after the Redemption Date, furtherinterest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal of and premium, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseredeemed. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 4 contracts
Sources: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption or purchase of Notes made pursuant to this Indentureredemption, selection of the Notes for redemption or purchase will be made by the Trustee Paying Agent in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Paying Agent knows of such listing), or if such Notes are not so listed, by lot (and in such manner as complies with the procedures of the Depositary), in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that, in either case, the selection of Notes for redemption shall not result in a pro rata basis Holder of Notes with a principal amount of Notes less than the minimum denomination of $2,000. If any Note is to be purchased or redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests unredeemed portion thereof will be issued in the Notes shall be selected for redemption or purchase by name of the Depository Holder thereof upon cancellation of the original Note in accordance with its standard procedures therefor; providedSection 5.7. On and after the Redemption Date, furtherinterest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal of and premium, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseredeemed. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 4 contracts
Sources: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements and, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that if the selection of Notes are represented by Global Notesfor redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination of $2,000. If any Note is to be purchased or redeemed in part only, interests the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the Notes shall be selected for redemption or purchase by name of the Depository Holder thereof upon cancellation of the original Note in accordance with its standard procedures therefor; providedSection 5.7. On and after the Redemption Date, furtherinterest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal and premium, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseredeemed. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 4 contracts
Sources: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06redeemed, not more than 60 days prior to the Redemption Date, the Trustee shall select the Notes to be redeemed as a pro rata pass-through distribution of principal, from the Outstanding Notes not previously called for redemption, by such method as the Trustee shall deem appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Note, provided that the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. If less than all the Notes are to be redeemed, the Notes to be redeemed shall be selected not more than 60 days (subject to Section 11.05) prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption or purchasein accordance with the preceding sentence. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase as aforesaid and, in the case of any Note Notes selected for partial redemption or purchaseas aforesaid, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The provisions of this Indenture that the two preceding paragraphs shall not apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With with respect to Notes represented by certificated notesany redemption affecting only a single Note, if any Notes are whether such Note is to be purchased or redeemed in part onlywhole or in part. In the case of any such redemption in part, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of the Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the name case of any Notes redeemed or to be redeemed only in part, to the portion of the Holder thereof upon cancellation principal amount of the original Note; provided that the new such Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 4 contracts
Sources: Exchange Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis, by lot; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to the second paragraph of paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the extent applicable or by lot or by such method as procedures of the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedDepository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 3 contracts
Sources: Indenture (Phibro Animal Health Corp), Indenture (Gsi Group Inc), Indenture (Gsi Group Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If less than all the Notes for are to be redeemed (unless such redemption or purchase will affects only a single Note), the particular Notes to be made redeemed shall be selected not less than 30 days prior to the Redemption Date by the Trustee on a pro rata basis to from the extent applicable or Outstanding Notes, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if appropriate and which may provide for the Notes are represented by Global Notes, interests in the Notes shall be selected selection for redemption or purchase by of portions of the Depository in accordance with its standard procedures thereforprincipal amount of Notes; providedPROVIDED, furtherHOWEVER, that no Notes such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided the minimum denomination for a Note established herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer Company and the Note Registrar (if other than itself) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The provisions of this Indenture that the two preceding paragraphs shall not apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With with respect to Notes represented by certificated notesany redemption affecting only a single Note, if any Notes are whether such Note is to be purchased or redeemed in part onlywhole or in part. In the case of any such redemption in part, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of the Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the name case of any Notes redeemed or to be redeemed only in part, to the portion of the Holder thereof upon cancellation principal of the original Note; provided that the new such Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 3 contracts
Sources: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption or purchase of Notes made pursuant to this Indentureredemption, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 10 days prior to the Redemption Date from (except that such notice may be delivered more than 10 days prior to the Outstanding Notes Redemption Date if the Redemption Date is delayed as provided in Section 1005), in the case of Physical Notes, on a pro rata basis, and, in the case of Global Notes, on a pro rata basis in accordance with the procedures of the Depositary, provided that if the operational arrangement of the Depositary then in effect do not previously called allow for redemption on a pro rata basis, by lot in accordance with the procedures of the Depositary, in integral multiples of $1,000, although no Note of the Minimum Denomination in original principal amount or purchaseless will be redeemed in part. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed. On and after the Redemption Date, unless the Company defaults in the 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 3 contracts
Sources: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Rehabilitation Exit Support Agreement (Ambac Financial Group Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes of a series are to be redeemed at any time, the Trustee shall select the Notes of such series for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements and in the case of Global Notes, the procedures of DTC, in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that if the selection of Notes are represented by Global Notesfor redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination. If any Note is to be purchased or redeemed in part only, interests the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the Notes shall be selected for redemption or purchase by name of the Depository Holder thereof upon cancellation of the original Note in accordance with its standard procedures therefor; providedSection 5.8. On and after the Redemption Date, furtherinterest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal of and premium, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such if any, plus accrued and unpaid interest, if any, on, the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseredeemed. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 3 contracts
Sources: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notesto be redeemed, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, by lot, pro rata or any other method that complies with the requirements of any exchange on which the Notes are listed or quoted and that the Trustee shall deem fair and appropriate. If any Note selected for partial redemption is converted in part before termination of the voluntary conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed, solely for purposes of determining the aggregate principal amount of the Notes to be redeemed, to be the portion selected for redemption (provided, however, that the Holder of such Note so converted and deemed redeemed shall not be entitled to any interest payment as a result of such deemed redemption except for such interest payment as such Holder would have otherwise been entitled to receive upon voluntary conversion of such Note). Notes that have been voluntarily converted during a selection of Notes to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. Notes in denominations of $1,000 may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or purchaseany integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. The Trustee shall promptly notify the Issuer Company and the Note Registrar (if other than itself) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 3 contracts
Sources: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase repurchase of Notes made pursuant to this Indenture, selection if less than all of the Notes are to be redeemed at any given time, selection of such Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notesother method, interests in the Notes shall be selected for redemption or purchase by the Depository all in accordance with its standard the procedures thereforof the Depository; provided, further, provided that no Notes of less than $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed Notices of purchase or purchased redemption shall be selecteddelivered electronically or mailed by first-class mail, unless otherwise provided hereinpostage prepaid, at least ten days15 but not more than 60 days before the purchase or Redemption Date to the Trustee and each Holder at such Holder’s registered address or otherwise in accordance with the procedures of the Depository, but except as set forth in Section 11.06, not that redemption notices may be delivered electronically or mailed more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial is to be purchased or redeemed in part only, any notice of purchase or redemption or purchase, that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed purchased or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption become due on the new date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof called for redemption, unless such redemption is conditioned on the happening of $2,000 and integral multiple of $1,000 in excess thereofa future event.
Appears in 3 contracts
Sources: Indenture (Advanced Drainage Systems, Inc.), Indenture (BWX Technologies, Inc.), Indenture (Advanced Drainage Systems, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Noteotherwise; provided that such acquisition does not otherwise violate the new Notes will be only issued in denominations other terms of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 2 contracts
Sources: Indenture (M I Homes Inc), Indenture (M I Homes Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection In the event that fewer than all of the Notes for redemption or purchase will are to be made by redeemed, the Trustee shall select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, either on a pro rata basis to the extent applicable or basis, by lot or by in such method other manner as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures thereforequitable; provided, furtherhowever, that no if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing Company of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 US$1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of US$1,000 or purchasedwhole multiples of US$1,000. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 2 contracts
Sources: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such at any time pursuant to an optional redemption, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify redemption, in compliance with the Issuer in writing requirements of the principal securities exchange, if any, on which such Notes selected are listed, or, if such Notes are not so listed, the requirements of any Depositary holding the Global Notes or, if the Notes are not so listed or such exchange prescribes no method of selection and the Notes are not held through a Depositary or such Depositary prescribes no method of selection, then 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, such redemption equals $2,000 or purchase and, an integral multiple of $1,000 in the case excess thereof. No Notes of $2,000 or less will be redeemed in part and no redemption will result in a Holder holding a Note of less than $2,000. If any Note selected for partial is to be redeemed in part only, the notice of redemption or purchase, relating to such Note will state the portion of the principal amount thereof to be redeemed or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof will be issued in the name of the Holder thereof upon cancellation of the original Note; provided that . The Trustee shall promptly notify the new Issuers in writing of the Notes will 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 issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Quiksilver Inc), Indenture (Quiksilver Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If fewer than all the Notes for redemption or purchase will are to be made by redeemed, the Trustee will select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, on a pro rata basis to the extent applicable or by lot or by such other method as that the Trustee shall deem deems to be fair and appropriateequitable to Holders; provided that that, if a partial redemption is made with the proceeds of any Equity Offering, selection of the Notes are represented by Global Notes, interests in the Notes or portions thereof for redemption shall be selected for redemption or purchase made by the Depository Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depositary). If any Note is to be redeemed in accordance with its standard procedures thereforpart only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes in principal amount equal to the unredeemed principal portion thereof will be issued; provided, further, that no Notes of less than a principal amount of $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to On and after the Redemption Date from the Outstanding Date, interest will cease to accrue on Notes not previously or portions thereof called for redemption or purchaseas long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 2 contracts
Sources: Indenture (Mediacom Broadband Corp), Indenture (Mediacom Broadband Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06redeemed, not more than 60 days prior to the Redemption Date, the Trustee shall select the Notes to be redeemed as a pro rata pass-through distribution of principal, from the Outstanding Notes not previously called for redemption, by such method as the Trustee shall deem appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Note, provided that the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. If less than all the Notes are to be redeemed, the Notes to be redeemed shall be selected not more than 60 days (subject to Section 11.05) prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption or purchasein accordance with the preceding sentence. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase as aforesaid and, in the case of any Note Notes selected for partial redemption or purchaseas aforesaid, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The provisions of this Indenture that the two preceding paragraphs shall not apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With with respect to Notes represented by certificated notesany redemption affecting only a single Note, if any Notes are whether such Note is to be purchased or redeemed in part onlywhole or in part. In the case of any such redemption in part, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of the Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the name case of any Notes redeemed or to be redeemed only in part, to the portion of the Holder thereof upon cancellation principal amount of such Notes which has been or is to be redeemed. For so long as the Notes are held by The Depository Trust Company (or another depositary), the redemption of the original Note; provided that Notes, including the new selection of Notes will to be only issued redeemed, shall be done in denominations accordance with the policies and procedures of $2,000 and integral multiple of $1,000 in excess thereofthe Depositary.
Appears in 2 contracts
Sources: Senior Priority Guaranteed Unsecured Notes (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection In the event that fewer than all of the Notes for redemption or purchase will are to be made by redeemed (subject in all cases to DTC procedures), the Trustee shall select the Notes to be redeemed, if the Company notifies the Trustee that the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, either on a pro rata basis to the extent applicable or basis, by lot or by in such method other manner as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures thereforequitable; provided, furtherhowever, that no if a partial redemption is made with the proceeds of an Equity Offering, selection of the Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee by lot or on a pro rata basis or on as nearly a pro rata basis as is practicable, unless such method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing Company of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 US$1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of US$1,000 or purchasedwhole multiples of US$1,000 in excess thereof. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 2 contracts
Sources: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such at any time pursuant to an optional redemption, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days prior to the Redemption Date (as defined below) by the Trustee, from the Outstanding outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis 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; although no Note of $1,000 in original principal amount or purchaseless will be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such Note will state the portion of the principal amount thereof to be redeemed. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 2 contracts
Sources: Indenture (Palace Entertainment Holdings, Inc.), Indenture (Tango of Arundel, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national securities exchange, pro rata, by lot or purchase will by such method as may be required by the Depository’s procedures; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee on a pro rata basis to the extent applicable basis, or by lot lot, unless that method is otherwise prohibited or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase otherwise required by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseDepository’s procedures. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, otherwise provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 2 contracts
Sources: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to be redeemed at any partial time pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or purchase will in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the extent applicable or by lot or by such method as procedures of the Trustee shall deem fair and appropriate; provided that Depository if the Notes are represented by Global Notes, interests held in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedglobal form), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 2 contracts
Sources: Indenture (Match Group, Inc.), Indenture (Match Group, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 5 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to paragraph 5(b) of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, otherwise provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 2 contracts
Sources: Indenture (Matria Healthcare Inc), Indenture (Res Care Inc /Ky/)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If fewer than all the Notes for redemption or purchase will are to be made by redeemed, the Trustee will select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, on a pro rata basis to the extent applicable or by lot or by such other method as that the Trustee shall deem deems to be fair and appropriateequitable to holders; provided that that, if a partial redemption is made with the proceeds of any Equity Offering, selection of the Notes are represented by Global Notes, interests in the Notes or portions thereof for redemption shall be selected for redemption or purchase made by the Depository Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depositary). If any Note is to be redeemed in accordance with its standard procedures thereforpart only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes in principal amount equal to the unredeemed principal portion thereof will be issued; provided, further, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to On and after the Redemption Date from the Outstanding Date, interest will cease to accrue on Notes not previously or portions thereof called for redemption or purchaseas long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 2 contracts
Sources: Indenture (Mediacom Broadband Corp), Indenture (Mediacom Broadband Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If fewer than all of the Notes for redemption or purchase will be made by are being redeemed, the Trustee on a will select the Notes to be redeemed pro rata basis to the extent applicable or rata, by lot or by such any other method as the Trustee shall deem in its sole discretion deems fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes denominations of less than $2,000 can be 1,000 principal amount and multiples thereof. Upon surrender of any Note redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth the Holder will receive a new Note equal in Section 11.06, not more than 60 days prior principal amount to the Redemption Date from unredeemed portion of the Outstanding surrendered Note. Once notice of redemption is sent to the Holders, Notes not previously called for redemption or purchase. become due and payable at the Redemption Price on the Redemption Date, and, commencing on the Redemption Date, Notes redeemed will cease to accrue interest.
(a) The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchaseredemption, the portion of the principal amount thereof (including any PIK Interest) to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000 in excess thereof (or in amounts of $1.00 or whole multiples of $1.00 in excess thereof for PIK Interest amounts); except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, shall be redeemed or purchased. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect .
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes represented by certificated notesshall relate, if in the case of any Notes are Note redeemed or to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal (including any PIK Interest) of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 2 contracts
Sources: Indenture (Eastman Kodak Co), Indenture (Eastman Kodak Co)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that fewer than all of the Notes of a series (all Notes being deemed to any be a single series) are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if such Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, either on a pro rata basis or by lot, or such other method as it shall deem fair and equitable; provided that if a partial redemption or purchase is made with the proceeds of an Equity Offering, selection of which series of Notes to be redeemed shall be made pursuant to this Indenture, by the Issuer while selection of the Notes or portion thereof within a series for redemption or purchase will shall be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedpractical, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchasesuch a method is prohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 U.S.$1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of U.S.$1,000 or purchasedwhole integral multiples thereof. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 2 contracts
Sources: Indenture (Canwest Media Inc), Indenture (Canwest Media Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee will select Notes for redemption or purchase will be made by the Trustee on a pro rata basis (or as nearly pro rata as practicable) unless otherwise required by law or the rules of the principal national securities exchange, if any, on which such Notes are listed (but only to the extent applicable or by lot or by such method as that the Trustee shall deem fair has been notified in writing of such listing by the Issuer), in minimum denominations of $2,000.00 and appropriatein integral multiples of $1.00 in excess thereof; provided that the selection of Notes for redemption will not result in a Holder of Notes with a principal amount of Notes owning less than $2,000.00 in aggregate principal amount of Notes, and provided further that if all of the Notes are represented by Global Notesin global form, interests in the Notes shall to be redeemed will be selected for redemption or purchase by the Depository Depositary in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing Applicable Procedures of the Notes selected for redemption or purchase and, in the case of Depositary. If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer notice of purchase or redemption relating to such Note will issue a state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof will be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. The Trustee will promptly notify the Issuers 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 will relate, in the case of any Note redeemed or to be redeemed only issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC)
Selection by Trustee of Notes to Be Redeemed. With If less than all the Senior Notes of any series are to be redeemed, and unless otherwise provided with respect to the Senior Notes of any partial redemption or purchase of particular series, the particular Senior Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made redeemed shall be selected by the Trustee on a pro rata basis to from the extent applicable or Outstanding Senior Notes of such series not previously called for redemption, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if appropriate and which may provide for the Notes are represented by Global selection for redemption of portions of the principal of Senior Notes, interests in provided, however, that except with respect to Senior Notes being redeemed pursuant to the operation of a sinking fund, no such partial redemption shall reduce the portion of the principal amount of a Senior Note of such series not redeemed to less than the minimum denomination for a Senior Note of that series. The portions of the principal of Senior Notes so selected for partial redemption shall be selected for redemption or purchase by equal to the Depository in accordance with its standard procedures therefor; provided, further, that no smallest authorized denomination of the Senior Notes of less than $2,000 can be redeemed such series or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchasean integral multiple thereof. The Trustee shall promptly notify the Issuer Company in writing of the Senior Notes selected for redemption or purchase and, in the case of any Senior Note selected for partial redemption or purchaseredemption, 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 Senior Notes shall relate, in the case of any Senior Note redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal of such Senior Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 2 contracts
Sources: Indenture (Household International Netherlands Bv), Indenture (Household International Netherlands Bv)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriatelot; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, 10 days but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. If any Note is to be redeemed or purchased in part only, any notice of redemption or offers to purchase that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed or purchased. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will only be only issued in denominations of $2,000 and any integral multiple of $1,000 in excess thereof.
Appears in 2 contracts
Sources: Indenture (Ww International, Inc.), Indenture (Weight Watchers International Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption or purchase of any series of Notes, the Trustee shall select Notes made pursuant to this Indenture, selection of such series for redemption in compliance with the requirements of the securities exchange, if any, on which such Notes for redemption or purchase will be made by are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that appropriate (and if the Notes are represented by Global Notes, interests in the such Global Notes shall will be selected for redemption or purchase by in such manner as complies with applicable legal requirements and the Depository procedures of the Depositary) in accordance minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that the selection of Notes for redemption shall not result in a Holder of Notes with its standard procedures therefor; provided, further, that no a principal amount of Notes of less than the minimum denomination of $2,000 can be redeemed or repurchased in part2,000. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will issue a notice of purchase or redemption relating to such Notes shall state the portion of the principal amount of the Notes in the aggregate that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes will or portions thereof called for redemption so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. The Trustee shall promptly notify the Issuers 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 issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 2 contracts
Sources: Indenture (Ortho Clinical Diagnostics Holdings PLC), Indenture (Ortho Clinical Diagnostics Holdings PLC)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If fewer than all the Notes for redemption or purchase will are to be made by redeemed, the Trustee will select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, on a pro rata basis to the extent applicable or by lot or by such other method as that the Trustee shall deem deems to be fair and appropriateequitable to Holders; provided that that, if a partial redemption is made with the proceeds of any Equity Offering, selection of the Notes are represented by Global Notes, interests in the Notes or portions thereof for redemption shall be selected for redemption or purchase made by the Depository Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depositary). If any Note is to be redeemed in accordance with its standard procedures thereforpart only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes in principal amount equal to the unredeemed principal portion thereof will be issued; provided, further, provided that no Notes of less than a principal amount of $2,000 can or less shall be redeemed or repurchased in part. Such On and after any Redemption Date, interest will cease to accrue on the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously portions thereof called for redemption or purchaseas long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 2 contracts
Sources: Indenture (Mediacom Capital Corp), Indenture (Mediacom Communications Corp)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national securities exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as may the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of less than a principal amount of $2,000 can or less shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except prohibited or as set forth in Section 11.06, not more than 60 days prior to otherwise required by the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseDepository’s procedures. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 2 contracts
Sources: Indenture (TRI Pointe Homes, Inc.), Indenture (TRI Pointe Homes, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to be redeemed at any partial redemption or purchase of Notes made time pursuant to this Indentureparagraph 5 of the Notes, selection of the Notes for redemption or purchase will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such In addition, if a partial redemption is made pursuant to the second paragraph of paragraph 5 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing Issuers of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuers may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Noteotherwise; provided that such acquisition does not otherwise violate the new Notes will be only issued in denominations other terms of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 2 contracts
Sources: Indenture (Ashton Woods USA L.L.C.), Indenture (Ashton Houston Residential L.L.C.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If fewer than all the Notes for redemption or purchase will are to be made by redeemed, the Trustee will select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, on a pro rata basis to the extent applicable or by lot or by such other method as that the Trustee shall deem deems to be fair and appropriate; provided equitable to holders. If any Note is to be redeemed in part only, the notice of redemption that if relates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes are represented by Global Notes, interests in principal amount equal to the Notes shall unredeemed principal portion thereof will be selected for redemption or purchase by the Depository in accordance with its standard procedures thereforissued; provided, further, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to On and after the Redemption Date from the Outstanding Date, interest will cease to accrue on Notes not previously or portions thereof called for redemption or purchaseas long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 2 contracts
Sources: Indenture (Mediacom LLC), Indenture (Mediacom Communications Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests appropriate (and in the Notes shall be selected for redemption or purchase by the Depository in accordance such manner as complies with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase applicable legal requirements and, in the case of the Global Notes, the Depositary’s procedures) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that the selection of Notes for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000. If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer will issue a notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 5.7. In the case of a Global Note; provided that the new Notes , an appropriate notation will be made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. On and after the applicable Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption so long as the Company has deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be 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 issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Ii-Vi Inc)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of less than a principal amount of $2,000 can or less shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, otherwise provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 1 contract
Sources: Indenture (Meritage Homes CORP)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If fewer than all the Notes for redemption or purchase will are to be made by redeemed, the Trustee will select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, on a pro rata basis to the extent applicable or by lot or by such other method as that the Trustee shall deem deems to be fair and appropriate; provided equitable to holders. If any Note is to be redeemed in part only, the notice of redemption that if relates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes are represented by Global Notes, interests in principal amount equal to the Notes shall unredeemed principal portion thereof will be selected for redemption or purchase by the Depository in accordance with its standard procedures thereforissued; provided, further, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to On and after the Redemption Date from the Outstanding Date, interest will cease to accrue on Notes not previously or portions thereof called for redemption or purchaseas long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to the Indenture. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Mediacom LLC)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the 2023 Notes or 2043 Notes, as the case may be, are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of such Notes, selection of the Notes for redemption or purchase will shall be made by the 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 then listed on a national securities exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of less than a principal amount of $2,000 can or less shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes of either series by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 1 contract
Sources: Indenture (QVC Inc)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all the Notes are to be redeemed at any partial redemption or purchase of Notes made time pursuant to this IndentureArticle 6, selection of the particular Notes for redemption or purchase will to be made redeemed shall be selected by the Trustee Trustee, from the Outstanding Notes not previously called for redemption, by lot or on a pro rata basis to among the extent applicable or by lot Notes or by such other method as the Trustee shall deem fair and appropriate; provided that if , including any method required by DTC or any successor Depositary (and in such manner as is not prohibited by applicable legal requirements) and which may provide for the Notes are represented by Global Notes, interests in the Notes shall be selected selection for redemption or purchase by of portions of the Depository in accordance with its standard procedures thereforprincipal of the Notes; provided, furtherhowever, that no Notes such partial redemption shall reduce the portion of the Original Principal Amount of a Note not redeemed to less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase1,000. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Notes selected for partial redemption, the Original Principal Amount thereof to be redeemed. For all purposes of the 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 Original Principal Amount of such Note which has been or is to be redeemed. If any Notes selected for partial redemption or purchaseare thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the principal amount thereof converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate Original Principal Amount of Notes to be redeemed or purchasedby the Company, to be the portion selected for redemption. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions which have been converted during a selection of Notes called to be redeemed may be treated by the Trustee as Outstanding for redemption or purchasethe purpose of such selection. With respect Nothing in this Section 6.03 shall affect the right of any Holder to Notes represented by certificated notes, if convert any Notes are pursuant to be purchased or redeemed in part only, Article 11 before the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion termination of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofconversion right with respect thereto.
Appears in 1 contract
Sources: First Supplemental Indenture (Goodrich Petroleum Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If less than all the Notes for are to be redeemed (unless such redemption or purchase will affects only a single Note), the particular Notes to be made redeemed shall be selected not less than 30 days prior to the Redemption Date by the Trustee on a pro rata basis to from the extent applicable or Outstanding Notes, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if appropriate and which may provide for the Notes are represented by Global Notes, interests in the Notes shall be selected selection for redemption or purchase by of portions of the Depository in accordance with its standard procedures thereforprincipal amount of Notes; provided, furtherhowever, that no Notes such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided the minimum denomination for a Note established herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer Company and the Note Registrar (if other than itself) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The provisions of this Indenture that the two preceding paragraphs shall not apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With with respect to Notes represented by certificated notesany redemption affecting only a single Note, if any Notes are whether such Note is to be purchased or redeemed in part onlywhole or in part. In the case of any such redemption in part, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of the Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the name case of any Notes redeemed or to be redeemed only in part, to the portion of the Holder thereof upon cancellation principal of the original Note; provided that the new such Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Callon Petroleum Co)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase repurchase of Notes made pursuant to this Indenture, selection if less than all of the Notes are to be redeemed at any given time, selection of such Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notesother method, interests in the Notes shall be selected for redemption or purchase by the Depository all in accordance with its standard the procedures thereforof the Depository; provided, further, provided that no Notes of less than $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed Notices of purchase or purchased redemption shall be selecteddelivered electronically or mailed by first-class mail, unless otherwise provided hereinpostage prepaid, at least ten days30 but not more than 60 days before the purchase or Redemption Date to each Holder of Notes at such Holder’s registered address or otherwise in accordance with the procedures of the Depository, but except as set forth in Section 11.06, not that redemption notices may be mailed more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial is to be purchased or redeemed in part only, any notice of purchase or redemption or purchase, that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed purchased or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption become due on the new date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof called for redemption, unless such redemption is conditioned on the happening of $2,000 and integral multiple of $1,000 in excess thereofa future event.
Appears in 1 contract
Sources: Indenture (Engility Holdings, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all of the Notes are to be redeemed at any partial redemption or purchase of Notes made pursuant to this Indenturetime, selection of the such Notes for redemption or purchase will redemption, shall be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such similar method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard the procedures thereforof DTC; provided, further, provided that no Notes of $1,000 or less than $2,000 can shall be purchased or redeemed or repurchased in part. Such Holders may elect to exchange Notes or portions of Notes selected for redemption until the Close of Business that is two Business Days prior to the Redemption Date. If any Notes selected for redemption are submitted for exchange in part after such selection, the portion of such Notes submitted for exchange shall be deemed (so far as may be possible) to be redeemed the portion to be selected for redemption. The Notes (or purchased portions thereof) so selected for redemption shall be selecteddeemed duly selected for redemption for all purposes hereof, unless otherwise provided hereinnotwithstanding that any such Notes are submitted for exchange in part before the provision of the notice of redemption. Notices of redemption shall be mailed by first class mail, postage prepaid, at least ten days, 30 but except as set forth in Section 11.06, not more than 60 days prior before the purchase or redemption date to the Redemption Date from the Outstanding each Holder of Notes not previously called for redemption to be purchased or purchaseredeemed at such Holder’s registered address. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, any notice of purchase or redemption that relates to such Note shall state the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder principal amount thereof upon cancellation of the original Note; provided that the new Notes will has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofpurchased or redeemed.
Appears in 1 contract
Sources: Indenture (Clearwire Corp /DE)
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption or purchase of Notes made pursuant to this Indentureredemption, selection of the Notes for redemption or purchase will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis to the extent applicable as possible or by lot or by (subject to such method rounding as the Trustee shall deem fair and appropriate; provided may determine so that if the Notes are represented by Global Notes, interests redeemed in the Notes whole increments of $1,000 and no Note of $2,000 in principal amount or less shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part). Such Notes If any Note is to be redeemed or purchased in part only, the notice of redemption relating to such note shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to state the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing portion of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.8. The Trustee shall promptly notify the new Company in writing of the Notes will 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 issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Blockbuster Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If fewer than all the Notes for redemption or purchase will held in definitive form are to be made by redeemed, the Trustee on a shall select the Notes to be redeemed pro rata basis to the extent applicable or by lot or by such a method as that complies with applicable legal and securities exchange requirements, if any, and that the Trustee in its sole discretion shall deem to be fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository appropriate and in accordance with its standard procedures therefor; provided, further, that no Notes methods generally used at the time of less than $2,000 can be redeemed or repurchased selection by fiduciaries in partsimilar circumstances. Such Notes to be redeemed or purchased The Trustee shall be selected, unless otherwise provided herein, make the selection at least ten days, 30 days but except as set forth in Section 11.06, not no more than 60 days prior to before the Redemption Date from the Outstanding Notes not previously called for redemption redemption. Notes and portions thereof that the Trustee selects shall be in Principal Amount at Maturity of $1,000 or purchase. The Trustee shall promptly notify the Issuer in writing integral multiples of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased$1,000. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company of the Notes or portions thereof to be redeemed. If any Note selected for partial redemption or purchase. With is converted in part before termination of the conversion right with respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Notes so selected, the converted portion of such Note in shall be deemed (so far as may be) to be the name portion selected for redemption. Notes that have been converted during a selection of Notes to be redeemed shall be treated by the Holder thereof upon cancellation Trustee as Outstanding for the purpose of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofsuch selection.
Appears in 1 contract
Sources: Fourth Supplemental Indenture (Cox Communications Inc /De/)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection In the event that fewer than all of the Notes for redemption or purchase will of any series are to be made by redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basis to the extent applicable or basis, by lot or by in such method other manner as the Trustee shall deem fair and appropriate; provided provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection of the Fixed Rate Notes are represented by Global Notes, interests in the Notes or portions thereof for redemption shall be selected for redemption or purchase made by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed Trustee only on a pro rata basis or repurchased in part. Such Notes on as nearly a pro rata basis as is practicable (subject to be redeemed or purchased shall be selectedDTC procedures), unless such method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes of each series selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchasedwhole multiples of $1,000. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by (i) in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), (ii) if such Notes are not so listed but are in global form then in such manner as complies with the procedures of the Depositary or (iii) if the Notes are not so listed and are not in global form, then on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests appropriate (and in the Notes shall be selected for redemption or purchase by the Depository in accordance such manner as complies with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase applicable legal requirements and, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that the selection of Notes for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000. If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer will issue a notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes will or portions thereof called for redemption so long as the Issuers have deposited or have caused to be deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. The Trustee shall promptly notify the Issuers 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 issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange (so long as the Trustee knows of such listing), if any, on which such Notes are listed, or if such Notes are not so listed, on a pro rata basis to the extent applicable or by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if appropriate (and in such manner as complies with applicable legal requirements and the Notes are represented procedures of DTC) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof unless otherwise required by Global Noteslaw, interests in the Notes shall be selected for redemption Depositary or purchase by the Depository in accordance with its standard procedures thereforapplicable stock exchange requirements; provided, furtherhowever, that no Notes in an unauthorized denomination shall be redeemed in part. No Notes of less than $2,000 or less can be redeemed or repurchased in part. Such Notes If any Note is to be redeemed or purchased in part only, the notice of redemption relating to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be selected, unless otherwise provided herein, at least ten days, but except as set forth issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase5.7. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes of a series are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests appropriate (and in the Notes shall be selected for redemption or purchase by the Depository in accordance such manner as complies with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase applicable legal requirements and, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that the selection of Notes for redemption shall not result in a Holder with a principal amount of Notes of any series less than the minimum denomination of $2,000. If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer will issue a notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes will or portions thereof called for redemption so long as the Issuers have deposited or have caused to be deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. For avoidance of doubt, the Issuers may elect, in their discretion, to redeem only issued the 2025 Notes, only the 2028 Notes, or any combination thereof. The Trustee shall promptly notify the Issuers in denominations writing of $2,000 and integral multiple the Notes selected for redemption and, in the case of $1,000 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 excess thereofthe 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 (PPD, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase repurchase of Notes made pursuant to this Indenture, selection if less than all of the Notes are to be redeemed at any given time, selection of such Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notesother method, interests in the Notes shall be selected for redemption or purchase by the Depository all in accordance with its standard the procedures thereforof the Depository; provided, further, provided that no Notes of less than $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed Notices of purchase or purchased redemption shall be selecteddelivered electronically or mailed by first-class mail, unless otherwise provided hereinpostage prepaid, at least ten days30 but not more than 60 days before the purchase or Redemption Date to the Trustee and each Holder at such Holder’s registered address or otherwise in accordance with the procedures of the Depository, but except as set forth in Section 11.06, not that redemption notices may be delivered electronically or mailed more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial is to be purchased or redeemed in part only, any notice of purchase or redemption or purchase, that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed purchased or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption become due on the new date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof called for redemption, unless such redemption is conditioned on the happening of $2,000 and integral multiple of $1,000 in excess thereofa future event.
Appears in 1 contract
Sources: Indenture (BWX Technologies, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee Trustee, in its sole discretion, shall deem fair and appropriate; provided provided, that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be issued only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereof.
Appears in 1 contract
Sources: Indenture (Mr. Cooper Group Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, either on a pro rata basis or by lot, or such other method as it shall deem fair and equitable; provided, however, that the Issuers shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed, and provided, further, that if a partial redemption or purchase is made with the proceeds of Notes made pursuant to this Indenturea Public Equity Offering, selection of the Notes or portion thereof for redemption or purchase will shall be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedbasis, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchasesuch a method is prohibited. The Trustee shall promptly notify the Issuer in writing Issuers of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount at maturity thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000 principal amount at maturity. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 principal amount at maturity or purchasedwhole multiples of $1,000 principal amount at maturity. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 1 contract
Sources: Indenture (TWP Capital Corp Ii)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee will select Notes for redemption or purchase will be made by the Trustee on a pro rata basis (or as nearly pro rata as practicable) in accordance with DTC procedures unless otherwise required by law or the rules of the principal national securities exchange, if any, on which such Notes are listed (but only to the extent applicable or by lot or by such method as that the Trustee shall deem fair has been notified in writing of such listing by the Issuer), in minimum denominations of $ 2,000 and appropriatein integral multiples of $1 in excess thereof; provided that if the selection of Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository will not result in accordance with its standard procedures therefor; provided, further, that no a Holder of Notes of owning less than $2,000 can in aggregate principal amount of Notes. If any Note is to be purchased or redeemed in part only, the notice of purchase or repurchased redemption relating to such Note will state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in partprincipal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 5.7. Such On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseredeemed. The Trustee shall will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 will relate, in the case of any Note redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Leslie's, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements and, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $100,000 and in integral multiples of $1,000 in excess thereof; provided that if the selection of Notes are represented by Global Notesfor redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination of $100,000. If any Note is to be purchased or redeemed in part only, interests the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the Notes shall be selected for redemption or purchase by name of the Depository Holder thereof upon cancellation of the original Note in accordance with its standard procedures therefor; providedSection 5.7. On and after the Redemption Date, furtherinterest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal and the Applicable Prepayment Premium plus accrued and unpaid interest, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such if any, on the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseredeemed. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Ch2m Hill Companies LTD)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that fewer than all of the Notes of a series (all Notes being deemed to any be a single series) are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if such Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, either on a pro rata basis or by lot, or such other method as it shall deem fair and equitable; provided that if a partial redemption or purchase is made with the proceeds of an Equity Offering, selection of which series of Notes to be redeemed shall be made pursuant to this Indenture, by the Issuer while selection of the Notes or portion thereof within a series for redemption or purchase will shall be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedpractical, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchasesuch a method is prohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 U.S.$1.00. Notes and portions thereof the Trustee selects shall be redeemed or purchasedin amounts of integral multiples of U.S.$1.00. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 1 contract
Sources: Indenture (Canwest Media Inc)
Selection by Trustee of Notes to Be Redeemed. With Solely with respect to any partial redemption or purchase of Notes made pursuant to this Indenturethe Notes, selection Section 3.2 of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method Base Indenture is hereby amended and restated as the Trustee shall deem fair and appropriate; provided that if follows: “If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such at any time pursuant to an optional redemption, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days prior to the Redemption Date applicable 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 (equal to $2,000 or purchasein an integral multiple of $1,000 in excess thereof); provided, however, 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 Note will state the portion of the principal amount thereof to be redeemed. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of the Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.”
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such at any time pursuant to an optional redemption, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, 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 securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis 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, such redemption equals $100,000 or purchasean integral multiple of $1,000 in excess thereof. If any Note is to be redeemed in part only, the notice of redemption relating to such Note will state the portion of the principal amount thereof to be redeemed. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Quiksilver Inc)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all the Notes are to be redeemed at any partial redemption or purchase of Notes made time pursuant to this IndentureArticle 6, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth (in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations amounts of $2,000 and or an integral multiple of $1,000 in excess thereof) shall be selected by the Trustee, from the outstanding Notes not previously called for redemption, by lot or on a pro rata basis among the Notes or by such other method as the Trustee shall consider fair and appropriate, including any method required by DTC or any successor depositary (and in such manner as is not prohibited by 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. If any Note is to be redeemed in part only, a new Note in principal amount equal to the unredeemed principal portion will be issued. The Trustee shall notify the Company in writing, within seven calendar days from the Trustee’s receipt of a notice of redemption from the Company, 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 the 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. If any Notes selected for partial redemption are thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate principal amount of Notes to be redeemed by the Company, 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. Nothing in this Section 6.03 shall affect the right of any Holder to convert any Notes pursuant to Article 11 before the termination of the conversion right with respect thereto. In the event of any redemption in part (pursuant to the provisions of this Article 6), the Company will not be required to issue, register the transfer of or exchange any Note during a period of 15 days before the redemption notice is sent, or register the transfer of or exchange any Note so selected for redemption, in whole or in part, except the unredeemed portion of any Note being redeemed in part.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests appropriate (and in the Notes shall be selected for redemption or purchase by the Depository in accordance such manner as complies with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase applicable legal requirements and, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $200,000 and in integral multiples of $1,000 in excess thereof; provided that the selection of Notes for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $200,000. If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer will issue a notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes will or portions thereof called for redemption so long as the Issuers have deposited with the Trustee funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. The Trustee shall promptly notify the Issuers 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 issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 1 contract
Sources: Indenture (Atotech LTD)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notesto be redeemed, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, by lot, pro rata or any other method that complies with the requirements of any exchange on which the Notes are listed or quoted and that the Trustee shall deem fair and appropriate. 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, solely for purposes of determining the aggregate principal amount of the Notes to be redeemed, to be the portion selected for redemption (provided, however, that the Holder of such Note so converted and deemed redeemed shall not be entitled to any interest payment as a result of such deemed redemption except for such interest payment as such Holder would have otherwise been entitled to receive upon conversion of such Note). Notes that 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. Notes in denominations of $1,000 may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or purchaseany integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. The Trustee shall promptly notify the Issuer Company and the Note Registrar (if other than itself) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Transwitch Corp /De)
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption or purchase of Notes made pursuant to this Indentureredemption, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis to the extent applicable as possible or by lot or by (subject to such method rounding as the Trustee shall deem fair and appropriate; provided may determine so that if the Notes are represented by Global Notesredeemed in whole increments of $1,000 and no Note of $2,000 in principal amount or less shall be redeemed in part). If any Note is to be redeemed in part only, interests the notice of redemption relating to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the Notes shall be selected for redemption or purchase by name of the Depository Holder thereof upon cancellation of the original Note in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase5.7. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (American Axle & Manufacturing Holdings Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee will select Notes for redemption or purchase will be made by the Trustee on a pro rata basis (or as nearly pro rata as practicable) unless otherwise required by law or the rules of the principal national securities exchange, if any, on which such Notes are listed (but only to the extent applicable or by lot or by such method as that the Trustee shall deem fair has been notified in writing of such listing by the LLC Co-Issuer), in minimum denominations of $2,000 and appropriatein integral multiples of $1,000 in excess thereof (or if a PIK Payment has been made, in minimum denominations of $2,000 and in integral multiples of $1.00 in excess thereof); provided that if the selection of Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository will not result in accordance a Holder of Notes with its standard procedures therefor; provided, further, that no a principal amount of Notes of owning less than $2,000 can be redeemed or repurchased in partaggregate principal amount of Notes. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer notice of purchase or redemption relating to such Note will issue a state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof will be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. The Trustee will promptly notify the Issuers 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 will relate, in the case of any Note redeemed or to be redeemed only issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository Trustee in accordance with its the standard procedures of the Depository therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, 30 days but except as set forth in Section 11.0611.07, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. Notices of redemption or offers to purchase shall be delivered electronically or mailed by first-class mail, postage prepaid, at least 30 days, but except as set forth in Section 11.07 not more than 60 days before the purchase date or Redemption Date to each Holder at such Holder’s registered address or otherwise in accordance with the procedures of the Depository, except that redemption notices may be delivered or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture or as specified in Section 11.07. If any Note is to be redeemed or purchased in part only, any notice of redemption or offers to purchase that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed or purchased. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in minimum denominations of $2,000 and any integral multiple of $1,000 in excess thereof.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase repurchase of Notes made pursuant to this Indenture, selection if less than all of the Notes are to be redeemed at any given time, selection of such Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notesother method, interests in the Notes shall be selected for redemption or purchase by the Depository all in accordance with its standard the procedures thereforof the Depository; provided, further, provided that no Notes of less than $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed Other than in connection with a special mandatory redemption described under Section 1111, notices of purchase or purchased redemption shall be selecteddelivered electronically or mailed by first-class mail, unless otherwise provided hereinpostage prepaid, at least ten days10 but not more than 60 days before the purchase or Redemption Date to the Trustee and each Holder at such Holder’s registered address or otherwise in accordance with the procedures of the Depository, but except as set forth in Section 11.06, not that redemption notices may be delivered electronically or mailed more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial is to be purchased or redeemed in part only, any notice of purchase or redemption or purchase, that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed purchased or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption become due on the new date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof called for redemption, unless such redemption is conditioned on the happening of $2,000 and integral multiple of $1,000 in excess thereofa future event.
Appears in 1 contract
Sources: Indenture (Aar Corp)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all the Notes are to be redeemed at any partial redemption or purchase of Notes made time pursuant to this IndentureArticle 6, selection of the particular Notes for redemption or purchase will to be made redeemed shall be selected by the Trustee Trustee, from the outstanding Notes not previously called for redemption, by lot or on a pro rata basis to among the extent applicable or by lot Notes or by such other method as the Trustee shall deem fair and appropriate; provided that if , including any method required by DTC or any successor depositary (and in such manner as is not prohibited by applicable legal requirements) and which may provide for the Notes are represented by Global Notes, interests in the Notes shall be selected selection for redemption or purchase by of portions of the Depository in accordance with its standard procedures thereforprincipal of the Notes; provided, furtherhowever, that no Notes such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase1,000. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed. For all purposes of the Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note which has been or is to be redeemed. If any Notes selected for partial redemption are thereafter surrendered for conversion in the name part before termination of the Holder thereof upon cancellation conversion right with respect to the portion of the original Note; provided that Notes so selected, the new converted portion of such Notes will shall be only issued deemed (so far as may be), solely for purposes of determining the aggregate principal amount of Notes to be redeemed by the Company, 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. Nothing in denominations this Section 6.03 shall affect the right of $2,000 and integral multiple any Holder to convert any Notes pursuant to Article 11 before the termination of $1,000 in excess thereofthe conversion right with respect thereto.
Appears in 1 contract
Sources: First Supplemental Indenture (Goodrich Petroleum Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes for redemption are to be redeemed or purchased in an offer to purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as at any time, the Trustee shall deem fair and appropriate; provided that if select the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased among the Holders of the Notes in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not so listed, on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not less than 30 nor more than 60 days prior to the Redemption Date redemption date by the Trustee from the Outstanding outstanding Notes not previously called for redemption or purchaseredemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or purchaseda denomination larger than $1,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 1 contract
Sources: Indenture (Elk Horn Coal Co LLC)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all of the Notes of the Company are to be redeemed at any partial redemption or purchase of Notes made pursuant to this Indenturegiven time, selection of the such Notes for redemption or purchase will be made by the Trustee (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed, (b) on a pro rata basis to the extent applicable practicable or (c) by lot or by such other similar method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard the procedures thereforof Depositary; provided, further, provided that no Notes of less than $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed or purchased Notices of redemption shall be selecteddelivered electronically or mailed by first class mail, unless otherwise provided hereinpostage prepaid, at least ten days15 but not more than 60 days before the Redemption Date to each Holder of Notes at such Holder’s registered address or otherwise in accordance with the Procedures of the Depositary, but except as set forth in Section 11.06, not that redemption notices may be mailed more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial redemption or purchase, the principal amount thereof is to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, any notice of redemption that relates to such Note shall state the Issuer will issue a portion of the principal amount thereof that has been or is to be redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original any Note redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note; provided that . On and after the new Redemption Date, unless the Company defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof called for redemption unless such redemption is conditioned on the happening of $2,000 and integral multiple of $1,000 in excess thereofa future event.
Appears in 1 contract
Sources: Indenture (Affinia Group Intermediate Holdings Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee shall select Notes for redemption or purchase will be made by in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), or if such Notes are not so listed, on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements and, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided that if the selection of Notes are represented by Global Notesfor redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000. If any Note is to be purchased or redeemed in part only, interests the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the Notes shall be selected for redemption or purchase by name of the Depository Holder thereof upon cancellation of the original Note in accordance with its standard procedures therefor; providedSection 5.7. On and after the Redemption Date, furtherinterest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal and premium, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseredeemed. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If less than all the Notes for are to be redeemed (unless such redemption or purchase will affects only a single Note), the particular Notes to be made redeemed shall be selected not less than 30 days prior to the Redemption Date by the Trustee on a pro rata basis to from the extent applicable or by lot or Outstanding Notes, by such method as the Trustee shall deem fair and appropriate; provided that if appropriate and which may provide for the Notes are represented by Global Notes, interests in the Notes shall be selected selection for redemption or purchase by of portions of the Depository in accordance with its standard procedures thereforprincipal amount of Notes; providedPROVIDED, furtherHOWEVER, that no Notes such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided the minimum denomination for a Note established herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer Company and the Note Registrar (if other than itself) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The provisions of this Indenture that the two preceding paragraphs shall not apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With with respect to Notes represented by certificated notesany redemption affecting only a single Note, if any Notes are whether such Note is to be purchased or redeemed in part onlywhole or in part. In the case of any such redemption in part, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of the Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the name case of any Notes redeemed or to be redeemed only in part, to the portion of the Holder thereof upon cancellation principal of the original Note; provided that the new such Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Callon Petroleum Co)
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption or purchase of Notes made pursuant to this Indentureredemption, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 10 days prior to the Redemption Date from (except that such notice may be delivered more than 10 days prior to the Outstanding Notes Redemption Date if the Redemption Date is delayed as provided in Section 1005), in the case of Physical Notes, on a pro rata basis, and, in the case of Global Notes, on a pro rata basis in accordance with the procedures of the Depositary, provided that if the operational arrangement of the Depositary then in effect do not previously called allow for redemption on a pro rata basis, by lot in accordance with the procedures of the Depositary, in integral multiples of $1.00, although no Note of the Minimum Denomination in original principal amount or purchaseless will be redeemed in part. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed. On and after the Redemption Date, unless the Company defaults in the 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of a principal amount of $1,000 or less than $2,000 can shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to the second paragraph of paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of such Notes, selection of the Notes for redemption or purchase will shall be made by the 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 then listed on a national securities exchange, on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, furtherhowever, that no Notes of less than a principal amount of $2,000 can or less shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant clause (c) of paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing Issuers of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuers may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 1 contract
Sources: Indenture (Starz, LLC)
Selection by Trustee of Notes to Be Redeemed. (a) With respect to any partial optional redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will shall be made made, in the case of certificated Notes, by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes .
(b) Notices of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased redemption shall be selecteddelivered by the Issuer electronically, unless otherwise provided hereinin accordance with the procedures of the Depository in the case of global Notes, or mailed by first-class mail, postage prepaid, at least ten days, but except as set forth in under Section 11.0611.05, not more than 60 days prior to before the Redemption Date from to each Holder at such Holder’s registered address or otherwise in accordance with the Outstanding Notes not previously called for procedures of the Depository, except that redemption notices may be delivered or purchase. The Trustee shall promptly notify mailed more than 60 days prior to a Redemption Date if the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial is to be redeemed in part only, any notice of redemption or purchase, that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. redeemed.
(c) With respect to Notes represented by certificated notesNotes, if any Notes are to be purchased or redeemed in part only, the Issuer will shall issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will shall be only issued in minimum denominations of $2,000 1.00 and integral multiple of $1,000 1.00 in excess thereof.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With Except -------------------------------------------- as may be otherwise specified in a Supplemental Indenture with respect to any partial redemption or purchase a series of Notes made pursuant to this Indenturethereby created, selection if less than all of the Outstanding Notes for redemption or purchase will of any series are to be made redeemed, the particular Notes to be redeemed shall be selected by the Trustee on a pro rata basis from the Outstanding Notes of that series not previously called for redemption so that, to the maximum extent applicable or possible taking into account redemption of Notes in $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 Trustee shall select by lot or by in such method other manner as the Trustee shall deem fair and appropriate; provided that if appropriate the particular Notes of such Stated Maturity and series to be redeemed. The Trustee may provide for the selection for redemption of portions of the principal of Notes in the denomination larger than $5,000 or the smallest authorized denomination of the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption of that series or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchasean integral multiple thereof. The Trustee shall promptly notify the Issuer Corporation and any Paying Agent in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption redemption, if the Notes to be redeemed are not Global Notes, the Trustee shall select the Notes to be redeemed or purchase purchased (i) if the Notes are listed on any national securities exchange and the Trustee has been notified by the Company of Notes made pursuant to this Indenturesuch listing, selection in compliance with the requirements of the principal national securities exchange on which the Notes for redemption are listed or purchase will be made by the Trustee (ii) on a pro rata basis to the extent applicable practical, although no Note of the Minimum Denomination in original principal amount or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can will be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall that are Global Notes will be selected, unless otherwise provided herein, at least ten days, but except as set forth selected in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseaccordance with DTC procedures. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Fifth Supplemental Indenture (Sally Beauty Holdings, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all of the Notes are to be redeemed at any partial redemption or purchase of Notes made pursuant to this Indenturetime, selection of the Trustee will select the Notes for redemption or purchase will be made by the Trustee on a pro rata basis (or, in the case of Notes issued in global form, subject to the extent applicable procedures of the Depository) unless otherwise required by law or by lot applicable stock exchange or by such method as the Trustee shall deem fair and appropriate; provided that if the depositary requirements. No Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes a principal amount of less than $2,000 or less can be redeemed or repurchased in part. Such Notices of redemption shall be delivered by electronic submission (for Notes held in book-entry form) or first class mail, at least 10 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address, except that redemption notices may be mailed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not sent more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial is to redeemed in part only, any notice of redemption or purchase, that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will shall issue a new Note (or cause to be transferred by book entry) in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption become due on the new date fixed for redemption, subject to the satisfaction of any applicable conditions. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued or portions of Notes called for redemption (unless the Issuer defaults in denominations the payment of $2,000 and integral multiple of $1,000 in excess thereofthe applicable redemption payment).
Appears in 1 contract
Sources: Indenture (Entegris Inc)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all the Notes are to be redeemed at any partial redemption or purchase of Notes made time pursuant to this IndentureArticle 6, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth (in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations amounts of $2,000 and or an integral multiple of $1,000 in excess thereof) shall be selected by the Trustee, from the outstanding Notes not previously called for redemption, by lot or on a pro rata basis among the Notes or by such other method as the Trustee shall consider fair and appropriate, including any method required by DTC or any successor depositary (and in such manner as is not prohibited by 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. If any Note is to be redeemed in part only, a new Note in principal amount equal to the unredeemed principal portion will be issued. The Trustee shall notify the Company in writing, within seven calendar days from the Trustee’s receipt of a notice of redemption from the Company, 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 the 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. If any Notes selected for partial redemption are thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate principal amount of Notes to be redeemed by the Company, 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. Nothing in this Section 6.03 shall affect the right of any Holder to convert any Notes pursuant to Article 12 before the termination of the conversion right with respect thereto. In the event of any redemption in part (pursuant to the provisions of this Article 6), the Company will not be required to issue, register the transfer of or exchange any Note during a period of 15 days before the notice of redemption is sent, or register the transfer of or exchange any Note so selected for redemption, in whole or in part, except the unredeemed portion of any Note being redeemed in part.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect In the event that fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, either on a pro rata basis or by lot, or such other method as it shall deem fair and equitable; provided, however, that the Issuer shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed, and provided, further that if a partial redemption or purchase is made with the proceeds of Notes made pursuant to this Indenturean Equity Offering, selection of the Notes or portion thereof for redemption or purchase will shall be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selectedpractical, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchasesuch a method is prohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 principal amount at maturity. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 principal amount at maturity or purchasedwhole multiples of $1,000 principal amount at maturity. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection In the event that fewer than all of the Notes for redemption or purchase will are to be made by redeemed, the Trustee shall select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, either on a pro rata basis to the extent applicable or basis, by lot or by in such method other manner as the Trustee shall deem fair and appropriate; provided provided, however, that if a partial redemption is made with the proceeds of a Qualified Equity Offering, selection of the Notes are represented by Global Notes, interests in the Notes or portions thereof for redemption shall be selected for redemption or purchase made by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed Trustee only on a pro rata basis or repurchased in part. Such Notes on as nearly a pro rata basis as is practicable (subject to be redeemed or purchased shall be selectedDTC procedures), unless such method is otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseprohibited. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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,OOO or purchasedwhole multiples of $1,OOO. Provisions For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredemption.
Appears in 1 contract
Sources: Indenture (Ipsco Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee will select Notes for redemption or purchase will be made by the Trustee on a pro rata basis (or as nearly pro rata as practicable) unless otherwise required by law or the rules of the principal national securities exchange, if any, on which such Notes are listed (but only to the extent applicable or by lot or by such method as that the Trustee shall deem fair has been notified in writing of such listing by the Issuer), in minimum denominations of $2,000.00 and appropriatein integral multiples of $1.00 in excess thereof; provided that the selection of Notes for redemption will not result in a Holder owning less than $2,000.00 in aggregate principal amount of Notes, and provided further that if all of the Notes are represented by Global Notesin global form, interests in the Notes shall to be redeemed will be selected for redemption or purchase by the Depository Depositary in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing Applicable Procedures of the Notes selected for redemption or purchase and, in the case of Depositary. If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer notice of purchase or redemption relating to such Note will issue a state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof will be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. The Trustee will promptly notify the Issuers 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 will relate, in the case of any Note redeemed or to be redeemed only issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection If less than all of the Notes are to be redeemed at any time, the Trustee will select Notes for redemption or purchase will be made by the Trustee on a pro rata basis (or as nearly pro rata as practicable) unless otherwise required by law or the rules of the principal national securities exchange, if any, on which such Notes are listed (but only to the extent applicable or by lot or by such method as that the Trustee shall deem fair has been notified in writing of such listing by the LLC Co-Issuer), in minimum denominations of $2,000 and appropriatein integral multiples of $1,000 in excess thereof; provided that if the selection of Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository will not result in accordance a Holder of Notes with its standard procedures therefor; provided, further, that no a principal amount of Notes of owning less than $2,000 can be redeemed or repurchased in partaggregate principal amount of Notes. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, the Issuer notice of purchase or redemption relating to such Note will issue a state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note thereof will be issued in the name of the Holder thereof upon cancellation of the original Note; provided that Note in accordance with Section 5.7. On and after the new Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to be redeemed. The Trustee will promptly notify the Issuers 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 will relate, in the case of any Note redeemed or to be redeemed only issued in denominations part, to the portion of $2,000 and integral multiple the principal amount of $1,000 in excess thereofsuch Note which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect If less than all the Notes are to be redeemed at any partial redemption or purchase of Notes made time pursuant to this IndentureArticle 6, selection of the particular Notes for redemption or purchase will to be made redeemed shall be selected by the Trustee Trustee, from the outstanding Notes not previously called for redemption, by lot or on a pro rata basis to among the extent applicable or by lot Notes or by such other method as the Trustee shall deem fair and appropriate; provided that if , including any method required by DTC or any successor Depositary (and in such manner as is not prohibited by applicable legal requirements) and which may provide for the Notes are represented by Global Notes, interests in the Notes shall be selected selection for redemption or purchase by of portions of the Depository in accordance with its standard procedures thereforprincipal of the Notes; provided, furtherhowever, that no Notes such partial redemption shall reduce the portion of the Original Principal Amount of a Note not redeemed to less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase1,000. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Notes selected for partial redemption, the Original Principal Amount thereof to be redeemed. For all purposes of the 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 Original Principal Amount of such Note which has been or is to be redeemed. If any Notes selected for partial redemption or purchaseare thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the principal amount thereof converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate Original Principal Amount of Notes to be redeemed or purchasedby the Company, to be the portion selected for redemption. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions which have been converted during a selection of Notes called to be redeemed may be treated by the Trustee as outstanding for redemption or purchasethe purpose of such selection. With respect Nothing in this Section 6.03 shall affect the right of any Holder to Notes represented by certificated notes, if convert any Notes are pursuant to be purchased or redeemed in part only, Article 11 before the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion termination of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofconversion right with respect thereto.
Appears in 1 contract
Sources: Third Supplemental Indenture (Goodrich Petroleum Corp)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if If less than all the Notes are represented by Global Notesto be redeemed, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such particular Notes to be redeemed or purchased shall will be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days prior to the Redemption Date from by the Outstanding Trustee by lot, PRO RATA or such other method as the Trustee in its sole discretion deems fair and appropriate or in such manner as complies with the requirements of the principal securities exchange, if any, on which the Notes being redeemed are listed and DTC; PROVIDED that any redemption following one or more Public Equity Offerings or sales of Common Stock to a Strategic Equity Investor will be made on a PRO RATA or on as nearly a PRO RATA basis as practicable (subject to the procedures of DTC); PROVIDED, HOWEVER, that no such partial redemption will reduce the principal amount of a Note not previously redeemed to less than $1,000. Notice of redemption will be mailed, first-class postage prepaid, no less than 30 nor more than 60 days prior to the applicable Redemption Date to each Holder of Notes to be redeemed at its registered address. On and after the Redemption Date, interest on Notes called for redemption or purchasewill cease to accrue from and after the date fixed for redemption (unless the Company defaults in providing the funds for such redemption) and, upon redemption on such Redemption Date, such Notes will cease to be Outstanding. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriatepracticable; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, 15 days but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. Notices of redemption or purchase shall be sent electronically or mailed by first-class mail, postage prepaid, at least 10 days, but, except as set forth in Section 11.06, not more than 60 days before the purchase date or Redemption Date to each Holder of Notes to be redeemed or purchased at such Holder’s registered address or otherwise in accordance with the procedures of the Depository (with a copy to the Trustee), except that redemption notices may be sent or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes as set forth in Article Fourteen or a satisfaction and discharge of this Indenture as set forth in Section 4.01. If any Note is to be redeemed or purchased in part only, any notice of redemption or purchase that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed or purchased. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in minimum denominations of $2,000 and integral multiple of $1,000 in excess thereof.
Appears in 1 contract
Sources: Indenture (Manitowoc Co Inc)
Selection by Trustee of Notes to Be Redeemed. With respect to In the case of any partial redemption or purchase of Notes made pursuant to this Indentureredemption, selection of the Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate; provided that if the Notes are represented by Global Notes, interests although no Note of $1,000 in the Notes shall be selected for redemption original principal amount or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can will be redeemed or repurchased in part. Such If Notes are to be redeemed or purchased in part only, the notice of redemption relating to such Note shall state the portion of the principal amount thereof to be selected, unless otherwise provided herein, at least ten days, but except as set forth redeemed. A new Note in Section 11.06, not more than 60 days prior principal amount equal to the Redemption Date from unredeemed portion thereof will be issued in the Outstanding Notes not previously called name of the Holder thereof upon cancellation of the applicable Note. In the event of any partial redemption, the liability of each Issuer for redemption or purchaseeach Note that remains outstanding shall continue in the same proportion as the relative proportions of the CCI Illinois Portion and the CCI Texas Portion, respectively. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Sources: Indenture (Consolidated Communications Texas Holdings, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national securities exchange, pro rata, by lot or purchase will by such method as may be required by the Depository’s procedures; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee on a pro rata basis to the extent applicable basis, or by lot lot, unless that method is otherwise prohibited or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase otherwise required by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseDepository’s procedures. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notesotherwise, if any Notes are to be purchased or redeemed in part only, provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 1 contract
Sources: Indenture (Meritage Homes CORP)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of certificated Notes made pursuant to this Indenture, selection of the such Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot (or by such method as the Trustee shall deem fair DTC’s applicable procedures); and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be issued only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereof. The Issuer may redeem Notes pursuant to one or more of the relevant provisions in this Indenture, and a single notice of redemption may be delivered with respect to redemptions made pursuant to different provisions. Any such notice may provide that redemptions made pursuant to different provisions will have different Redemption Dates and, with respect to redemptions that occur on the same date, may specify the order in which such redemptions are deemed to occur.
Appears in 1 contract
Sources: Indenture (Mr. Cooper Group Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect In the event that less than all of the Notes are to any partial be redeemed pursuant to a redemption or purchase of Notes made pursuant to this Indentureparagraph 6 of the Notes, selection of the Notes for redemption or purchase will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a pro rata basis to the extent applicable or national securities exchange, prorate, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall may be selected for redemption or purchase required by the Depository in accordance with its standard procedures thereforDepository’s procedures; provided, furtherhowever, that no Notes of less than a principal amount of $2,000 can or less shall be redeemed or repurchased in part. Such If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes to be redeemed or purchased portions thereof for redemption shall be selectedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise provided herein, at least ten days, but except prohibited or as set forth in Section 11.06, not more than 60 days prior to otherwise required by the Redemption Date from the Outstanding Notes not previously called for redemption or purchaseDepository’s procedures. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, the principal amount thereof to be redeemed or purchasedredeemed. Provisions 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, otherwise provided such acquisition does not otherwise violate the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion other terms of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofthis Indenture.
Appears in 1 contract
Sources: Indenture (Meritage Homes CORP)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase repurchase of Notes made pursuant to this Indenture, selection if less than all of the Notes are to be redeemed at any given time, selection of such Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notesother method, interests in the Notes shall be selected for redemption or purchase by the Depository all in accordance with its standard the procedures thereforof the Depository; provided, further, provided that no Notes of less than $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed Notices of purchase or purchased redemption shall be selected, unless otherwise given in the manner provided hereinfor in Section 1.07, at least ten days15 but not more than 60 days before the purchase or Redemption Date to the Trustee and each Holder at such Holder’s registered address or otherwise in accordance with the procedures of the Depository, but except as set forth in Section 11.06, not that redemption notices may be delivered electronically or mailed more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial is to be purchased or redeemed in part only, any notice of purchase or redemption or purchase, that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed purchased or purchasedredeemed. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption become due on the new date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof called for redemption, unless such redemption is conditioned on the happening of $2,000 and integral multiple of $1,000 in excess thereofa future event.
Appears in 1 contract
Sources: Indenture (GMS Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase repurchase of Notes made pursuant to this Indenture, selection if less than all of the Notes are to be redeemed at any given time, selection of such Notes for redemption or purchase will be made by the Trustee (a) if the Notes are listed on any securities exchange, in compliance with the requirements of the principal securities exchange on which the Notes are listed or (b) if the Notes are not listed on any national securities exchange, on a pro rata basis to (except that any Notes represented by one or more Global Notes registered in the extent applicable name of or held by the Depository will be selected by lot or by such other similar method as the Trustee shall deem fair and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard the procedures thereforof the Depository); provided, further, provided that no Notes of less than $2,000 can or less shall be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if If any Notes are to be purchased or redeemed in part only, the Issuer will shall issue a new Note (or cause to be transferred by book entry) in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption become due on the new date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof called for redemption, unless such redemption is conditioned on the happening of $2,000 a future event and integral multiple of $1,000 in excess such redemption is delayed or rescinded as a result thereof.
Appears in 1 contract
Sources: Indenture (Apergy Corp)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all of the Notes is to be redeemed at any partial redemption or purchase of Notes made pursuant to this Indenturetime, selection of the such Notes for redemption or purchase redemption, will be made by the Trustee by lot or on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriatepracticable; provided that if the Notes are represented by Global Notesglobal notes, interests in the Notes shall be selected for redemption or purchase by the Depository DTC in accordance with its standard procedures thereforprocedures; provided, further, that no Notes of less than $2,000 can or less (or if PIK Interest has been paid, $1.00 or less) shall be purchased or redeemed or repurchased in part. Such Notices of purchase or redemption shall be delivered, in the case of global notes held by DTC, electronically or mailed by first class mail, postage prepaid, at least 15 but not more than 60 days before the purchase or Redemption Date to each Holder of Notes to be purchased or redeemed at such Holder’s registered address or, in the case of global notes held by DTC, otherwise in accordance with the procedures of DTC, with a copy to the Trustee, except that redemption notices may be delivered or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not mailed more than 60 days prior to the a Redemption Date from if the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer notice is issued in writing connection with a defeasance of the Notes selected for redemption or purchase and, in the case a satisfaction and discharge of this Indenture. If any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are is to be purchased or redeemed in part only, any notice of purchase or redemption that relates to such Note shall state the Issuer will issue a portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unpurchased or unredeemed or unpurchased portion of the original any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note; provided that . Notes called for redemption or purchase become due on the new date fixed for redemption or purchase, unless such redemption or purchase is conditioned on the happening of a future event. On and after the purchase or Redemption Date, unless the Issuer defaults in payment of the purchase or Redemption Price, interest shall cease to accrue on Notes will be only issued in denominations or portions thereof purchased or called for redemption, unless such redemption remains conditioned upon the happening of $2,000 and integral multiple of $1,000 in excess thereofa future event.
Appears in 1 contract
Sources: Indenture (Globalstar, Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of certificated Notes made pursuant to this Indenture, selection of the such Notes for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or by such method as the Trustee shall deem fair lot; and appropriate; provided that if the Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will be issued only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereof. The Issuer may redeem Notes pursuant to one or more of the relevant provisions in this Indenture, and a single notice of redemption may be delivered with respect to redemptions made pursuant to different provisions. Any such notice may provide that redemptions made pursuant to different provisions will have different Redemption Dates and, with respect to redemptions that occur on the same date, may specify the order in which such redemptions are deemed to occur.
Appears in 1 contract
Sources: Indenture (Mr. Cooper Group Inc.)
Selection by Trustee of Notes to Be Redeemed. With respect If less than all the Notes are to any partial redemption or purchase of be redeemed, the particular Notes made pursuant to this Indenturebe redeemed shall be selected by the Trustee, selection 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 for redemption or purchase will be made by the Trustee on a pro rata basis to the extent applicable or by lot or are listed, or, if such Notes are not so listed, by such other method as the Trustee shall deem fair and appropriate; provided that if appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the Notes are represented by Global Notes, interests in the Notes shall be selected selection for redemption or purchase by of portions of the Depository in accordance with its standard procedures thereforprincipal of Notes; providedPROVIDED, furtherHOWEVER, that no Notes such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $2,000 can be redeemed or repurchased in part. Such Notes 1,000; PROVIDED FURTHER that any such redemption pursuant to be redeemed or purchased the provisions relating to a Public Equity Offering shall be selected, unless otherwise provided herein, made on a PRO RATA basis or on as nearly a PRO RATA basis as practicable (subject to the procedures of DTC or any other depositary). Notice of redemption shall be sent by first-class mail at least ten days, 30 but except as set forth in Section 11.06, not more than 60 days prior to before the Redemption Date from to each Holder of Notes to be redeemed at its registered address. On and after the Outstanding Redemption Date, interest shall cease to accrue on Notes not previously or portions thereof called for redemption or purchaseredemption, unless the Company defaults in the payment of the Redemption Price. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemption or purchaseredemption, 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 purchased. Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed only in part onlypart, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of such Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract
Selection by Trustee of Notes to Be Redeemed. With respect to any partial redemption or purchase of Notes made pursuant to this Indenture, selection of If less than all the Notes for of any series are to be redeemed (unless all the Notes of such series and of a specified tenor are to be redeemed or unless such redemption or purchase will affects only a single Note), the particular Notes to be made redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee on a pro rata basis to Trustee, from the extent applicable or by lot or Outstanding Notes of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate; appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Note of such series, provided that if the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. If less than all the Notes of such series and of a specified tenor are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depository in accordance with its standard procedures therefor; provided, further, that no Notes of less than $2,000 can to be redeemed or repurchased in part. Such (unless such redemption affects only a single Note), the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Notes of such series and specified tenor not previously called for redemption or purchasein accordance with the preceding sentence. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase as aforesaid and, in the case of any Note Notes selected for partial redemption or purchaseas aforesaid, the principal amount thereof to be redeemed or purchasedredeemed. Provisions The provisions of this Indenture that the two preceding paragraphs shall not apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. With with respect to Notes represented by certificated notesany redemption affecting only a single Note, if any Notes are whether such Note is to be purchased or redeemed in part onlywhole or in part. In the case of any such redemption in part, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original principal amount of the Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the name case of any Notes redeemed or to be redeemed only in part, to the portion of the Holder thereof upon cancellation principal amount of the original Note; provided that the new such Notes will which has been or is to be only issued in denominations of $2,000 and integral multiple of $1,000 in excess thereofredeemed.
Appears in 1 contract