Common use of Selection by Trustee of Securities to Be Redeemed Clause in Contracts

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by the Trustee in accordance with its customary practices or as the Company may direct in writing in accordance with DTC procedures. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 10 contracts

Sources: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp), Senior Indenture (Lincoln National Corp)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by on a pro rata basis, and the Trustee in accordance with its customary practices amounts to be redeemed may be equal to U.S.$1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 10 contracts

Sources: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 days prior to the Redemption Date Date. The Trustee shall select the Securities or portions thereof to be redeemed pro rata, by lot or by any other method the Trustee shall deem fair and reasonable. The amounts to be redeemed shall be equal to $1,000 or any integral multiple thereof. If requested by the TrusteeCompany, from the Outstanding Securities of such series not previously called for redemption, by the Trustee in accordance with its customary practices or as the Company may direct in writing in accordance with DTC procedures. (b) The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 9 contracts

Sources: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee in accordance with its customary practices shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $1,000 or as any integral multiple thereof) of the Company may direct in writing in accordance with DTC procedures. (b) principal amount of Securities of a denomination larger than $1,000. The Trustee shall promptly notify the Company and each Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 9 contracts

Sources: Indenture (Cii Financial Inc), Indenture (Emergent Group Inc), Indenture (Allied Waste Industries Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee in accordance with its customary practices shall deem to be fair and appropriate, and the amounts to be redeemed shall be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and each Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 8 contracts

Sources: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 30 days prior to the Redemption Date by Date. The Trustee shall select the Trustee, from the Outstanding Securities of such series not previously called for redemptionor portions thereof to be redeemed pro rata, by lot or by any other method the Trustee in accordance with its customary practices shall deem fair and reasonable. The amounts to be redeemed shall be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 7 contracts

Sources: Indenture (Bell Technology Group LTD), Indenture (Zale Delaware Inc), Indenture (Packard Bioscience Co)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as may be specified by the terms of such Securities or, if no such method is so specified, by such method as the Trustee in accordance with its customary practices or as shall deem appropriate and which may provide for the Company may direct in writing in accordance with DTC procedures. (b) selection for redemption of portions of the principal amount of Securities of such series. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 7 contracts

Sources: Indenture (Energy Partners LTD), Indenture (Burlington Resources Finance Co), Indenture (Burlington Resources Finance Co)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, on a pro rata basis, by lot or by such other method as the Trustee in accordance with its customary practices or as shall deem appropriate and which may provide for the Company may direct in writing in accordance with DTC procedures. (b) The Trustee shall promptly notify the Company in writing selection for redemption of portions of the principal of Securities selected for redemption and, in the case of any Securities selected for represented by a Global Security held by the Depository, in accordance with Depository procedures; provided, however, that no such partial redemption, redemption shall reduce the portion of the principal amount thereof of a Security not redeemed to be redeemed. (c) less than the minimum denomination of $1.00. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 7 contracts

Sources: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions hereof to be redeemed shall be selected not more than 45 thirty (30) days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, pro rata, by lot or such other method as the Trustee in accordance with its customary practices shall deem fair and appropriate, and the amounts to be redeemed may be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 4 contracts

Sources: Indenture (Styrochem International LTD), Indenture (Styrochem International Inc), Indenture (Pci Carolina Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 30 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, pro rata, by lot or such other method as the Trustee in accordance with its customary practices shall deem fair and reasonable, and the amounts to be redeemed may be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 3 contracts

Sources: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Viking Distillery Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 30 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee in accordance with its customary practices or as shall deem fair and appropriate and which may provide for the Company may direct in writing in accordance with DTC procedures. (b) selection for redemption of portions of the principal of Securities; provided, however, that no such partial -------- ------- redemption shall reduce the portion of the principal amount of a Security not redeemed to less than $1,000. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 2 contracts

Sources: Indenture (Be Aerospace Inc), Indenture (Applied Extrusion Technologies Inc /De)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee in accordance with its customary practices shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $1,000 or as any integral multiple thereof) of the principal amount of Securities of a denomination larger than $1,000 and which need not, unless the Company may direct in writing in accordance with DTC procedures. (b) otherwise directs, provide for the selection of amounts which are less than $1,000. The Trustee shall promptly notify the Company and each Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (PSF Holdings LLC)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any a series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of such series not previously called for redemption, redemption by such method as it shall deem equitable and which may provide for the Trustee in accordance with its customary practices selection for redemption of portions (equal to $1,000 or as a multiple thereof) of the Company may direct in writing in accordance with DTC procedures. (b) principal of Securities of a denomination larger than $1,000. The Trustee shall promptly notify the Company Corporation in writing of the Securities selected for redemption and, in the case of any Securities Security selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed Security which has been or is to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Trust Indenture (Bce Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 days prior to the Redemption Date by Date. The Trustee shall select the Trustee, from the Outstanding Securities of such series not previously called for redemptionor portions thereof to be redeemed pro rata, by lot or by any other method the Trustee in accordance with its customary practices shall deem fair and reasonable. The amounts to be redeemed shall be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Titan Wheel International Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of such series not previously called for redemption, redemption by such method as it shall deem equitable and which may provide for the Trustee in accordance with its customary practices selection for redemption of portions (equal to $1,000 or as a multiple thereof) of the Company may direct in writing in accordance with DTC procedures. (b) principal of Securities of a denomination larger than $1,000. The Trustee shall promptly notify the Company Corporation in writing of the Securities selected for redemption and, in the case of any Securities Security selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed Security which has been or is to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Trust Indenture (AbitibiBowater Inc.)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 thirty (30) days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, pro rata, by lot or such other method as the Trustee in accordance with its customary practices shall deem fair and appropriate and the amounts to be redeemed may be equal to $1,000,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any larger integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar (if other than the Company or the Trustee) in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Pioneer Companies Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 thirty (30) days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, pro rata, by lot or such other method as the Trustee in accordance with its customary practices shall deem fair and appropriate and the amounts to be redeemed may be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar (if other than the Company or the Trustee) in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Pioneer Companies Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If -------------------------------------------------- less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, either pro rata or by lot, and the Trustee in accordance with its customary practices amounts to be redeemed may be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company applicable Issuer and each Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Crown Cork & Seal Co Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 90 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee in accordance with its customary practices shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $100 or as any integral multiple thereof) of the Company may direct in writing in accordance with DTC procedures. (b) principal amount of Securities of a denomination larger than $100. The Trustee shall promptly notify the Company and each Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Rite Aid Corp)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, either pro rata or by lot, and the Trustee in accordance with its customary practices amounts to be redeemed may be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Cablevision Systems Corp)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 thirty (30) days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, pro rata, by lot or such other method as the Trustee in accordance with its customary practices shall deem fair and appropriate and the amounts to be redeemed may be, subject to Section 1101, equal to $1 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar (if other than the Company or the Trustee) in writing of the Securities selected for 117 redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Pioneer Companies Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 75 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security, provided that the unredeemed portion of the principal amount of any Security shall be in accordance with its customary practices or as an authorized denomination (which shall not be less than the Company may direct in writing in accordance with DTC procedures. (bminimum authorized denomination) for such security. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, and the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Amerus Capital I)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 30 days prior to the Redemption Date by Date. The Trustee shall select the Trustee, from the Outstanding Securities of such series not previously called for redemptionor portions thereof to be redeemed pro rata, by lot or by any other method the Trustee in accordance with its customary practices shall deem fair and reasonable. The amounts to be redeemed 104 shall be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Concentric Network Corp)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any either series are to be redeemed, the particular Securities of such series to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the TrusteeTrustee within five Business Days after it receives the notice described in Section 12.03, from the ================================================================================ Outstanding Securities of such series not previously called for redemption, by lot or by such other method as the Trustee in accordance with its customary practices or as the Company may direct in writing in accordance with DTC procedures. (b) deem fair and appropriate. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities of either series selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities of either series redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Gap Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 30 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by lot or such other method as the Trustee in accordance with its customary practices shall deem fair and appropriate, and the amounts to be redeemed may be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and each Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Vencor Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemedredeemed at any time pursuant to an optional redemption, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by in compliance with the Trusteerequirements of the principal national securities exchange, from the Outstanding if any, on which such Securities of are listed, or, if such series Securities are not previously called for redemptionso listed, by the Trustee in accordance with its customary practices or as the Company may direct in writing in accordance with DTC procedures. (b) applicable procedures of DTC; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Security not redeemed to less than $2,000. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the method it has chosen for the selection of Securities and the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Gibraltar Industries, Inc.)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee in accordance with its customary practices or as shall deem fair and appropriate and which may provide for the Company may direct in writing in accordance with DTC procedures. (b) The Trustee shall promptly notify the Company in writing selection for redemption of portions of the principal of Securities selected for of such series; provided, however, that no such partial redemption and, in shall reduce the case portion of any Securities selected for partial redemption, the principal amount thereof of a Security not redeemed to be redeemed. (c) less than the minimum authorized denomination for Securities of such series established pursuant to Section 301. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Subordinated Indenture (Complete Management Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less fewer than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of Securities of such series; provided, however, that no Securities of $1,000 or less shall be redeemed in accordance with its customary practices or as the Company may direct in writing in accordance with DTC procedures. (b) part. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Chemtura CORP)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of such series not previously called for redemption, redemption by such method as it shall deem equitable and which may provide for the Trustee in accordance with its customary practices selection for redemption of portions (equal to $1,000 or as a multiple thereof) of the Company may direct in writing in accordance with DTC procedures. (b) principal of Securities of a denomination larger than $1,000. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities Security selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed Security which has been or is to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Trust Indenture (Domtar Paper Company, LLC)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of like tenor of any series are to be redeemed, the particular Securities securities to be redeemed shall be selected not more than 45 days prior to by lot in accordance with DTC’s applicable procedures, in the Redemption Date case of Securities represented by the Trusteea global security, from the Outstanding Securities of such series not previously called for redemption, or by the Trustee by a method the Trustee deems fair and appropriate, in accordance with its customary practices or as the Company may direct in writing in accordance with DTC procedurescase of Securities not represented by a global security. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Zoetis Inc.)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by on a pro rata basis; provided that, if at the Trustee time of redemption such Securities are registered as a Global Security, the Depositary shall determine, in accordance with its customary practices or as procedures, the Company may direct in writing in accordance with DTC procedures. (b) principal amount of such Securities held by each beneficial owner of Securities to be redeemed. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Kirby Corp)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any either series are to be redeemed, the particular Securities of such series to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the TrusteeTrustee within five Business Days after it receives the notice described in Section 12.03, from the Outstanding Securities of such series not previously called for redemption, by lot or by such other method as the Trustee in accordance with its customary practices or as the Company may direct in writing in accordance with DTC procedures. (b) deem fair and appropriate. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities of either series selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities of either series redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (Gap Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee in accordance with its customary practices shall deem to be fair and appropriate, and the amounts to be redeemed may be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and each Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Indenture (McCormick & Co Inc)

Selection by Trustee of Securities to Be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 45 30 days prior to the Redemption Date by Date. The Trustee shall select the Trustee, from the Outstanding Securities of such series not previously called for redemptionor portions thereof to be redeemed pro rata, by lot or by any other method the Trustee in accordance with its customary practices shall deem fair and reasonable. The amounts to be redeemed shall be equal to $1,000 or as the Company may direct in writing in accordance with DTC procedures. (b) any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. (c) . For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security 128 141 redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.

Appears in 1 contract

Sources: Guaranty Agreement (Marsh Village Pantries Inc)