Selection of Bonds to be Redeemed. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 4 contracts
Sources: Indenture of Trust (Tucson Electric Power Co), Indenture of Trust (Tucson Electric Power Co), Indenture of Trust (Tucson Electric Power Co)
Selection of Bonds to be Redeemed. If Unless otherwise provided in the Supplemental Indenture authorizing the issuance of Bonds of a Series, in the event of redemption of less than all of the Outstanding Bonds of like Series, maturity and tenor, the Trustee shall assign to each Outstanding Bond of the Series, maturity and tenor to be redeemed a distinctive number for each unit of the principal amount of such Bond equal to the lowest denomination in which the Bonds of such Series are authorized to be issued and shall select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to such Bonds as many numbers as, at such unit amount equal to the lowest denomination in which the Bonds of such Series are authorized to be called issued for redemption under any provision each number, shall equal the principal amount of this Indenture permitting such partial redemptionBonds to be redeemed. In making such selections the Trustee may draw the Bonds by lot (i) individually or (ii) by one or more groups, the particular grouping for the purpose of such drawing to be by serial numbers (or, in the case of Bonds of a denomination of more than the lowest denomination in which the Bonds of such Series are authorized to be issued, by the numbers assigned thereto as in this Section 4.04 provided) which end in the same digit or in the same two digits. In case, upon any drawing by groups, the total principal amount of Bonds drawn shall exceed the amount to be redeemed, the excess may be deducted from any group or groups so drawn in such manner as the Trustee may determine. The Trustee may in its discretion assign numbers to aliquot portions of Bonds and select part of any Bond for redemption. The Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated Bonds to the Trustee by the Company or otherwise as required by this Indenturewhich were assigned numbers so selected; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been only so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance much of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any each such Bond of a denomination greater of more than $5,000 the lowest denomination in which the Bonds of such Series are authorized to be issued shall fail be redeemed as shall equal the lowest denomination in which the Bonds of such Series are authorized to present be issued for each number assigned to it and so selected. For purposes of this Section 4.04, the lowest denomination in which a Capital Appreciation Bond is authorized to be issued shall be the lowest Accreted Value authorized to be due at maturity on such Bonds, and the lowest denomination in which a Deferred Income Bond is authorized to be issued shall be the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable lowest Appreciated Value on the date fixed Interest Commencement Date authorized for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)such Bonds.
Appears in 3 contracts
Sources: Trust Indenture, Master Trust Indenture, Master Trust Indenture
Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; and provided, further, that with respect to Global Bonds, the portion of any Bond Bonds to be redeemed shall be selected in accordance with the procedures of the Depositary. Except in the case of Global Bonds, the Bond Registrar shall promptly notify the Company and the Trustee in writing of the Bonds selected for redemption and, in the case of any Bonds selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of $5,000 or some integral multiple thereof and thatthis Indenture, unless the context otherwise requires, all provisions relating to the redemption of Bonds shall relate, in selecting the case of any Bonds for redemptionredeemed or to be redeemed only in part, to the Trustee shall treat each Bond as representing that number portion of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.
Appears in 3 contracts
Sources: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)
Selection of Bonds to be Redeemed. If less than all of the Bonds are called for redemption, the Trustee shall select the Bonds or portions thereof in the amount of $5,000 or any integral multiple thereof (provided, however, that the unredeemed portion of any Bond redeemed in part shall be $100,000 or more) to be redeemed from the Bonds outstanding not previously called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, lot in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate and each $5,000 of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction face value of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any each Bond to be redeemed shall be in treated as a separate Bond for the principal amount purpose of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained selection by dividing the principal amount of such Bond by $5,000lot. If it is determined that one or more, a portion but not all, all of the $5,000 units of principal amount represented by of any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or unitsportion, the Owner owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee for (ya) payment to such Owner owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units portion of principal amount called for redemption redemption, and (zb) delivery to such Owner owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance portion of the principal amount of any such Bond. New Bonds representing the unredeemed balance portion of the principal amount of any such Bond shall be delivered issued to the Owner thereof, owner thereof without charge therefor. If the Owner owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units portion of principal amount called for redemption (and to that extent only)) and interest with respect to such portion will cease to accrue provided that funds for the redemption thereof are on deposit with the Trustee at that time. Anything herein to the contrary notwithstanding, Pledged Bonds, as defined in the Reimbursement Agreement, shall so long as the Bank is not in default with respect to its obligations under the Letter of Credit, be redeemed prior to any other Outstanding Bonds.
Appears in 2 contracts
Sources: Trust Indenture (First United Ethanol LLC), Trust Indenture (First United Ethanol LLC)
Selection of Bonds to be Redeemed. (a) If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds (or portions of Bonds thereof) to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series, or, in the aggregate absence of any such provision, by such method as the Bond Registrar, with the approval of the Trustee, shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated of Bonds of such series or Tranche of a denomination equal to or larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all only such Bonds which shall have not have been so tendered; .
(b) The Bond Registrar shall promptly notify the Company and providedthe Trustee in writing of the Bonds selected for redemption and, furtherin the case of any Bonds selected to be redeemed in part, that 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 Bonds shall relate, in the case of any Bonds redeemed or to be redeemed only in part, to the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.
Appears in 2 contracts
Sources: Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.)
Selection of Bonds to be Redeemed. If Unless otherwise required by any Supplemental Agreement, in the event of redemption of less than all the Outstanding Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemptionthe same Series and maturity, the particular Bonds or portions of Bonds thereof to be redeemed shall be selected by the Trustee, Trustee in such manner as the Trustee in its discretion may deem properfair, in the aggregate principal amount designated except that to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trusteeextent practicable, the Company Trustee shall have offered to purchase all select Bonds then for redemption such that no Bond remaining Outstanding and shall be of a denomination of less than $5,000. In the event of redemption of less than all such the Outstanding Bonds have been tendered of the same Series stated to the Company for such purchasemature on different dates, the Trustee, at the direction principal amount of an Authorized Company Representative, shall select for redemption all such Series of Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be applied in any order of maturity of the Outstanding Series of Bonds to be redeemed that the Authority may elect upon receipt of an opinion of Bond Counsel that such redemption would not result in the interest payable on such Bonds being included in gross income for federal income tax purposes to the Holders thereof under the Code. The portion of Bonds of any Series to be redeemed in part shall be in the principal amount of $5,000 the minimum authorized denomination thereof or some integral multiple thereof and thatand, in selecting Bonds of a particular Series for redemption, the Trustee shall treat each such Bond as representing that number of Bonds of such Series which is obtained by dividing the principal amount of such registered Bond by $5,000the minimum denomination (referred to below as a “unit”) then issuable rounded down to the integral multiple of such minimum denomination. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner Holder of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee for (ya) payment to such Owner Holder of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (zb) delivery to such Owner Holder of a new Bond or Bonds of such Series in the aggregate unpaid principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds of the same Series and maturity representing the unredeemed balance of the principal amount of any such Bond shall be delivered issued to the Owner registered Holder thereof, without charge therefor. If the Owner Holder of any such Bond of a denomination greater than $5,000 a unit shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 2 contracts
Sources: Master Agreement of Trust, Master Agreement of Trust
Selection of Bonds to be Redeemed. (a) If less than all of the Outstanding Bonds are to be redeemed during a period in which the Book-Entry System is in effect for the Bonds, the Securities Depository shall determine the amount of the interest of each Direct Participant in the Bonds to be redeemed, on the basis of the smallest Authorized Denomination of the Bonds, by lot or by such other methods as the Securities Depository shall deem fair and appropriate. The Securities Depository shall so determine the amount of the interest of each Direct Participant in. the Bonds to be redeemed in such manner as to assure that after such redemption no Beneficial Owner shall retain a beneficial ownership interest in the Bonds in an aggregate amount less than an Authorized Denomination.
(b) If less than all the Outstanding Bonds are to be redeemed during a period in which the Book-Entry System is not in effect for the Bonds, the Trustee shall select the particular Bonds to be redeemed not less than 30 nor more than 60 days prior to the redemption date from the Outstanding Bonds which have not previously been called for redemption, on the basis of the smallest Authorized Denomination of the Bonds, by lot or by such method as the Trustee shall deem fair and appropriate. The Trustee shall so select Bonds for redemption under in such manner so as to assure that after such redemption no Bondholder shall retain Bonds in an aggregate amount less than an Authorized Denomination.
(c) The Trustee shall promptly notify the Issuer and the Users in writing of the Bonds selected for redemption and, in the case of any provision of this Indenture permitting such Bond selected for partial redemption, the particular Bonds or portions of Bonds principal amount thereof to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.
Appears in 2 contracts
Sources: Trust Indenture (Color Imaging Inc), Trust Indenture (Color Imaging Inc)
Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot or on a pro rata basis by the Trustee or, upon direction of the Trustee, the Registrar and Paying Agent, in such manner as the Trustee or Registrar and Paying Agent in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $50,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $50,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $50,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $50,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $50,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $50,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $50,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 2 contracts
Sources: Trust Indenture (Consolidated Edison Inc), Trust Indenture (Consolidated Edison Co of New York Inc)
Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer's Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; . The Bond Registrar shall promptly notify the Company and providedthe Trustee in writing of the Bonds selected for redemption and, furtherin the case of any Bonds selected to be redeemed in part, that 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 Bonds shall relate, in the case of any Bonds redeemed or to be redeemed only in part, to the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.
Appears in 2 contracts
Sources: Security Agreement and Mortgage (Pacific Gas & Electric Co), Indenture of Mortgage (Pg&e Corp)
Selection of Bonds to be Redeemed. If The selection of Bonds (or, in case of fully registered Bonds, of portions thereof) to be redeemed shall, in case less than all of the Outstanding Bonds shall of any series are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, be made by the Trustee as follows:
(a) The particular Bonds or portions of Bonds such series to be redeemed in whole or in part shall be selected designated by the Trustee, in Trustee not more than 60 days nor less than 30 days prior to the date fixed for such manner redemption by proration so that the principal amount to be redeemed of Bonds of such series then held by each holder shall bear the same ratio to the total principal amount of all Bonds of such series then to be redeemed as the Trustee in its discretion may deem proper, in the aggregate total principal amount designated of all Bonds of such series then held by such holder bears to the Trustee by the Company or otherwise as required by this Indenturetotal principal amount of all Bonds of such series then Outstanding; provided, however, that if, (i) the Trustee in making any proration pursuant to this Section shall make such adjustments as indicated in a certificate of an Authorized Company Representative delivered it shall deem proper to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, end that the portion of any Bond to be redeemed shall be in the principal amount of Bonds so redeemed shall be $5,000 1,000 or a multiple thereof, by increasing or decreasing the amount which would be allocable to any holder on the basis of exact proration by an amount not exceeding $1,000 and (ii) if there shall have been previously filed with the Trustee a written consent of all holders of Bonds of such Series specifying some integral multiple thereof and that, in other method of selecting Bonds of such series to be redeemed such selection shall be made by the Trustee in accordance therewith; or
(b) If the Trustee shall determine that the selection method described in the foregoing clause (a) shall not then be appropriate, the particular Bonds of such series to be redeemed in whole or in part shall be selected by the Trustee by lot in any manner deemed by it proper. The Trustee shall promptly notify the Company in writing of the distinctive numbers of the Bonds which, or portions of which, have been selected for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing and the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is thereof to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds redeemed in the aggregate principal amount case of the unredeemed balance of the principal amount of any such Bond. fully registered Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)1,000.
Appears in 2 contracts
Sources: Twelfth Supplemental Indenture (Unitil Corp), Twelfth Supplemental Indenture (Unitil Corp)
Selection of Bonds to be Redeemed. (a) Bonds shall be redeemed only in amounts resulting in Bonds Outstanding for a series being in Authorized Denominations. If less than all of the Outstanding Bonds of any series are to be redeemed and paid prior to maturity, such Bonds shall be called for redemption under any provision redeemed in the manner selected by the Trustee. Bonds of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds less than a full maturity are to be redeemed shall be selected by the Trustee, Trustee in such equitable manner as the Trustee in its discretion it may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, determine.
(b) No portion of a Bond may be redeemed that if, as indicated would result in a certificate of an Bond which is smaller than the then permitted minimum Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemptionDenomination. For this purpose, the Trustee shall treat consider each Bond as representing in a denomination larger than the minimum Authorized Denomination permitted by the Bonds at the time to be separate Bonds each in the minimum Authorized Denomination. Provisions of this Indenture that number apply to Bonds called for redemption also apply to portions of Bonds which is obtained by dividing the principal amount of such Bond by $5,000called for redemption. If it is determined that one or more, but not all, of the $5,000 units of principal amount face value represented by any such fully registered Bond is to be called selected for redemption, then, upon notice of intention to redeem such $5,000 unit or units, then the Owner of such Bond or such Owner’s attorney or legal representative shall forthwith present and surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee (1) for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemptionredemption date) of the $5,000 unit or units portion of principal amount the Bonds called for redemption redemption, and (z2) delivery for exchange, without charge to such the Owner of the Bond, for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance portion of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the redemption date fixed for redemption to the extent of the $5,000 unit or units of principal amount thereof called for redemption (and to that extent only).
Appears in 2 contracts
Sources: Trust Indenture, Trust Indenture
Selection of Bonds to be Redeemed. Bonds shall be redeemed only in amounts resulting in Bonds Outstanding for a series being in Authorized Denominations. If less than all of the Outstanding Bonds of any series are to be redeemed and paid prior to maturity, such Bonds shall be called for redemption under any provision redeemed in the manner selected by the Trustee. Bonds of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds less than a full maturity are to be redeemed shall be selected by the Trustee, Trustee in such equitable manner as the Trustee in its discretion it may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, determine. No portion of a Bond may be redeemed that if, as indicated would result in a certificate of an Bond which is smaller than the then permitted minimum Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemptionDenomination. For this purpose, the Trustee shall treat consider each Bond as representing in a denomination larger than the minimum Authorized Denomination permitted by the Bonds at the time to be separate Bonds each in the minimum Authorized Denomination. Provisions of this Indenture that number apply to Bonds called for redemption also apply to portions of Bonds which is obtained by dividing the principal amount of such Bond by $5,000called for redemption. If it is determined that one or more, but not all, of the $5,000 units of principal amount face value represented by any such fully registered Bond is to be called selected for redemption, then, upon notice of intention to redeem such $5,000 unit or units, then the Owner of such Bond or such Owner’s attorney or legal representative shall forthwith present and surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee (1) for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemptionredemption date) of the $5,000 unit or units portion of principal amount the Bonds called for redemption redemption, and (z2) delivery for exchange, without charge to such the Owner of the Bond, for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance portion of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the redemption date fixed for redemption to the extent of the $5,000 unit or units of principal amount thereof called for redemption (and to that extent only).
Appears in 1 contract
Sources: Trust Indenture
Selection of Bonds to be Redeemed. If Subject to Section 211(c) hereof regarding DTC procedures, if less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeTrustee pro rata, in by lot or by such manner other method as the Trustee in its discretion may shall deem properfair and appropriate, and in the aggregate principal amount designated to the Trustee by the an Authorized Company Representative or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all of such Bonds shall have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall have not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (ya) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (zb) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered issued to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit units or units of principal amount called for redemption (and to that extent only)redemption.
Appears in 1 contract
Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in accordance with the provisions of this Agreement, provided, that there shall be no partial redemption of less than $100,000 or an integral multiple of $5,000 in excess of $100,000 in principal amount of Bonds during the Variable Rate Period and $5,000 in principal amount of Bonds during the Fixed Rate Period. If less than all the Bonds shall be called for redemption under any provision of this Indenture Agreement permitting such partial redemptionredemption other than Section 401(c)(ii) or 401(d), the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; providedlottery, however, provided that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such if serial Bonds have been tendered issued after the exercise of the Option to the Company for such purchaseConvert, the Trusteeparticular Bonds to be redeemed shall be selected in the order of their maturities, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, (a) that the portion of any Bond to be redeemed shall be in the principal amount of $100,000, or an integral multiple of $5,000 in excess of $100,000 during the Variable Rate Period or $5,000 during the Fixed Rate Period or some integral multiple thereof and thereof, (b) that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000100,000 or $5,000 as the case may be, and (c) that during the Variable Rate Period no partial redemption of a Bond may reduce the principal amount thereof to less than $100,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to there shall be called for redemptionredemption less than all of a Bond, thenthe Issuer shall execute and deliver and the Bond Registrar shall authenticate, upon notice of intention to redeem such $5,000 unit or units, the Owner surrender of such Bond shall forthwith surrender such Bond Bond, and at the expense of the Borrower and without charge to the Paying Agent or any Co-Paying Agent owner thereof, for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount Bond so surrendered, Bonds of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)like series.
Appears in 1 contract
Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot by the Trustee or, upon direction of the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by lot by the Company or otherwise as required by this IndentureRegistrar and Paying Agent; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 1 contract
Sources: Indenture of Trust (Keyspan Corp)
Selection of Bonds to be Redeemed. If Unless otherwise provided in the Supplemental Indenture authorizing the issuance of Bonds of a Series, in the event of redemption of less than all of the Outstanding Bonds of like Series, maturity and tenor, the Trustee shall assign to each Outstanding Bond of the Series, maturity and tenor to be redeemed a distinctive number for each unit of the principal amount of such Bond equal to the lowest denomination in which the Bonds of such Series are authorized to be issued. The Trustee shall be called select the Bonds for redemption under any provision (i) in accordance with the Corporation’s notice of this Indenture permitting redemption pursuant to Section 4.05 and (ii) by lot from the numbers assigned to such partial redemptionBonds as many numbers as, at such unit amount equal to the lowest denomination in which the Bonds of such Series are authorized to be issued for each number, shall equal the principal amount of such Bonds to be redeemed. In making such selections the Trustee may draw the Bonds by lot (i) individually or (ii) by one or more groups, the particular grouping for the purpose of such drawing to be by serial numbers (or, in the case of Bonds of a denomination of more than the lowest denomination in which the Bonds of such Series are authorized to be issued, by the numbers assigned thereto as in this Section 4.04 provided) which end in the same digit or in the same two digits. In case, upon any drawing by groups, the total principal amount of Bonds drawn shall exceed the amount to be redeemed, the excess may be deducted from any group or groups so drawn in such manner as the Trustee may determine. The Trustee may in its discretion assign numbers to aliquot portions of Bonds and select part of any Bond for redemption. The Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated Bonds to the Trustee by the Company or otherwise as required by this Indenturewhich were assigned numbers so selected; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been only so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance much of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any each such Bond of a denomination greater of more than $5,000 the lowest denomination in which the Bonds of such Series are authorized to be issued shall fail be redeemed as shall equal the lowest denomination in which the Bonds of such Series are authorized to present be issued for each number assigned to it and so selected. For purposes of this Section 4.04, the lowest denomination in which a Capital Appreciation Bond is authorized to be issued shall be the lowest Accreted Value authorized to be due at maturity on such Bonds, and the lowest denomination in which a Deferred Income Bond is authorized to be issued shall be the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable lowest Appreciated Value on the date fixed Interest Commencement Date authorized for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)such Bonds.
Appears in 1 contract
Sources: Master Trust Indenture
Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; . The Bond Registrar shall promptly notify the Company and providedthe Trustee in writing of the Bonds selected for redemption and, furtherin the case of any Bonds selected to be redeemed in part, that 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 Bonds shall relate, in the case of any Bonds redeemed or to be redeemed only in part, to the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.
Appears in 1 contract
Sources: Indenture (Pg&e Corp)
Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot or on a pro rata basis by the Trustee or, upon direction of the Trustee, the Registrar and Paying Agent, in such manner as the Trustee or Registrar and Paying Agent in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 1 contract
Selection of Bonds to be Redeemed. If (a) Unless otherwise provided by supplemental indenture or the terms of this Indenture, if less than all of the Bonds of like maturity and CUSIP number of a series shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions portion of Bonds to be redeemed shall be selected by the Trustee, pro rata among all Bonds of such maturity in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenturefair and appropriate; provided, however, that ifwith respect to redemptions of 1999 Bonds, as indicated unless this Indenture or a supplemental indenture specifies otherwise, any such partial redemption shall be on a pro rata basis among the series subject to redemption in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tenderedaccordance with their relative principal amounts; and provided, further, provided further that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting portions of such Bonds for redemption, the Trustee shall treat each such Bond as representing that number of Bonds of said minimum Authorized Denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000the minimum Authorized Denomination for such series of Bonds. If it is determined that one or more, but not all, less than all of the $5,000 units Bonds of principal amount represented by any series are to be redeemed and such Bond Bonds are held in book-entry only form, the Trustee shall direct the Securities Depository for such series of Bonds to select the particular Bonds or portions thereof to be redeemed in such a manner as to redeem such Bonds pro rata among all of its direct Participants shown on the Securities Depository’s books to be holders of such Bonds in accordance with their relative ownership of such Bonds.
(b) If less than all of the 1999 Bonds is to be called for redemption, then, upon notice of intention redeemed pursuant to redeem such $5,000 unit or unitsSection 4.08, the Owner Trustee shall first receive an opinion of such Bond shall forthwith surrender such Bond Counsel to the Paying Agent effect that the proposed redemption of fewer than all 1999 Bonds would not result in the interest payable on the 1999 Bonds remaining Outstanding after such redemption being includable in the gross income for Federal income tax purposes of any Owner, other than a “substantial user” or any Co-Paying Agent for “related person”.
(yc) payment to such Owner At its option, the Company, on behalf of the redemption price (including the redemption premiumIssuer, if any, and accrued interest may deliver to the date fixed for redemptionTrustee written notice, which shall (i) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of specify a new Bond or Bonds in the aggregate principal amount of the unredeemed balance Bonds of a series delivered to the Trustee therewith, or theretofore redeemed pursuant to Section 4.07 and (ii) instruct the Trustee to apply the principal amount of such Bonds so delivered or redeemed for credit against a Sinking Fund Installment specified by the Company failing due at least 45 days after delivery of such notice. Each such Bond so delivered shall be credited by the Trustee at 100% of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 1 contract
Sources: Mortgage, Security Agreement and Indenture of Trust (Foster Wheeler Inc)
Selection of Bonds to be Redeemed. 1. Except as provided otherwise in subsections 2, 3, 4 and 5 below with respect to Auction Rate-Inverse Rate Bonds during an Auction Rate-Inverse Rate Period, a redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for any Support Facility Issuer pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot or on a pro rata basis by the Trustee or, upon direction of the Trustee, the Registrar and Paying Agent, in such manner as the Trustee or Registrar and Paying Agent in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $100,000 or some integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or some integral multiple thereof during an Auction Rate Period, or $5,000 or some integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued and unpaid interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 1 contract
Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by lot or by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; and provided, further, that with respect to Global Bonds, the portion of any Bond Bonds to be redeemed shall be selected in accordance with the procedures of the Depositary. Except in the case of Global Bonds, the Bond Registrar shall promptly notify the Company and the Trustee in writing of the Bonds selected for redemption and, in the case of any Bonds selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of $5,000 or some integral multiple thereof and thatthis Indenture, unless the context otherwise requires, all provisions relating to the redemption of Bonds shall relate, in selecting the case of any Bonds for redemptionredeemed or to be redeemed only in part, to the Trustee shall treat each Bond as representing that number portion of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.
Appears in 1 contract
Sources: Indenture of Mortgage (PG&E Corp)
Selection of Bonds to be Redeemed. In the case of any redemption in part of the 2014A Bonds, the 2014A Bonds to be redeemed under Section 4.01 shall be selected by the Trustee, subject to any requirements of this Section. A redemption of 2014A Bonds shall be redemption of the whole or of any part of the 2014A Bonds, provided, that there shall be no partial redemption of less than $5,000. If less than all of the 2014A Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of 2014A Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenturefair and appropriate; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, however (a) that the portion of any 2014A Bond to be redeemed under any provision of this Indenture shall be in the principal amount of $5,000 or some integral any multiple thereof thereof, and (b) that, in selecting 2014A Bonds for redemption, the Trustee shall treat each Bond 2014A Bonds as representing that number of 2014A Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to there shall be called for redemptionredemption less than all of a 2014A Bond, thenthe Issuer shall execute and deliver and the Trustee shall authenticate, upon notice of intention to redeem such $5,000 unit or units, the Owner surrender of such Bond shall forthwith surrender such Bond 2014A Bond, without charge to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premiumowner thereof, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new replacement Bond or Bonds in the aggregate principal amount of the unredeemed balance of the 2014A Bond so surrendered. At its option, to be exercised on or before the 45th day next preceding any mandatory sinking fund redemption date for 2014A Bonds under Section 4.01(c), the Obligated Group may deliver to the Trustee for cancellation 2014A Bonds of the appropriate maturity in any aggregate principal amount of any such Bondwhich have been purchased by the Obligated Group in the open market. Bonds representing Each 2014A Bond so delivered shall be credited by the unredeemed balance Trustee at 100% of the principal amount thereof against the mandatory scheduled redemption requirement for the 2014A Bonds of such maturity on such mandatory redemption date; and any excess of such Bond amount shall be delivered credited against future mandatory scheduled redemption requirements as directed by the Obligated Group. The Obligated Group, will, on or before the 45th day preceding such mandatory scheduled redemption date, furnish the Trustee with a certificate, signed by an Obligated Group Representative, stating the extent to which the provisions of the first sentence of this paragraph are to be availed of with respect to such mandatory redemption requirements for such mandatory redemption date; unless such certificate is so timely furnished to the Owner thereofTrustee, without charge therefor. If the Owner mandatory redemption requirements for such mandatory redemption date shall not be reduced under the provisions of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)this paragraph.
Appears in 1 contract
Sources: Trust Indenture
Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds of any subseries shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds of any subseries shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot by the Trustee or, upon direction of the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by lot by the Company or otherwise as required by this IndentureRegistrar and Paying Agent; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the “applicable units of principal amount”). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the same subseries of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 1 contract
Sources: Trust Indenture (Consolidated Edison Co of New York Inc)
Selection of Bonds to be Redeemed. If In the event of redemption of less than all the Outstanding Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemptionthe same Series and maturity, the particular Bonds or portions of Bonds thereof to be redeemed shall be selected by the Trustee, Trustee in such manner as the Trustee in its discretion may deem properfair, in the aggregate principal amount designated except that (i) Bonds of a Series to be redeemed from Sinking Fund Installments shall be redeemed by lot, and (ii) to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trusteeextent practicable, the Company Trustee shall have offered to purchase all select Bonds then Outstanding and of a Series for redemption such that no Bond of such Series shall be of a denomination of less than the Authorized Denomination for such Series of Bonds. In the event of redemption of less than all such the Outstanding Bonds have been tendered of the same Series stated to the Company for such purchasemature on different dates, the Trustee, at the direction principal amount of an Authorized Company Representative, shall select for redemption all such Series of Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be applied in inverse order of maturity of the Outstanding Series of Bonds to be redeemed and by lot within a maturity. The portion of Bonds of any Series to be redeemed in part shall be in the principal amount of $5,000 the minimum Authorized Denomination thereof or some integral multiple thereof and thatand, in selecting Bonds of a particular Series for redemption, the Trustee shall treat each such Bond as representing that number of Bonds of such Series which is obtained by dividing the principal amount of such registered Bond by $5,000the minimum Authorized Denomination thereof (referred to below as a “unit”) then issuable rounded down to the integral multiple of such minimum Authorized Denomination. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner Holder of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee for (ya) payment to such Owner Holder of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) Redemption Price of the $5,000 unit or units of principal amount called for redemption and (zb) delivery to such Owner Holder of a new Bond or Bonds of such Series in the aggregate unpaid principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds of the same Series and maturity representing the unredeemed balance of the principal amount of any such Bond shall be delivered issued to the Owner registered Holder thereof, without charge therefor. If the Owner Holder of any such Bond of a denomination greater than $5,000 a unit shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).
Appears in 1 contract
Sources: Loan Agreement (Acadia Realty Trust)
Selection of Bonds to be Redeemed. If Unless otherwise provided in the Supplemental Indenture authorizing the issuance of Bonds of a Series, in the event of redemption of less than all of the Outstanding Bonds of like Series, maturity and tenor, the Trustee shall assign to each Outstanding Bond of the Series, maturity and tenor to be redeemed a distinctive number for each unit of the principal amount of such Bond equal to the lowest denomination in which the Bonds of such Series are authorized to be issued and shall select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to such Bonds as many numbers as, at such unit amount equal to the lowest denomination in which the Bonds of such Series are authorized to be called issued for redemption under any provision each number, shall equal the principal amount of this Indenture permitting such partial redemptionBonds to be redeemed. In making such selections the Trustee may draw the Bonds by lot (i) individually or (ii) by one or more groups, the particular grouping for the purpose of such drawing to be by serial numbers (or, in the case of Bonds of a denomination of more than the lowest denomination in which the Bonds of such Series are authorized to be issued, by the numbers assigned thereto as in this Section 4.04 provided) which end in the same digit or in the same two digits. In case, upon any drawing by groups, the total principal amount of Bonds drawn shall exceed the amount to be redeemed, the excess may be deducted from any group or groups so drawn in such manner as the Trustee may determine. The Trustee may in its discretion assign numbers to aliquot portions of Bonds and select part of any Bond for redemption. The Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated Bonds to the Trustee by the Company or otherwise as required by this Indenturewhich were assigned numbers so selected; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been only so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance much of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any each such Bond of a denomination greater of more than $5,000 the lowest denomination in which the Bonds of such Series are authorized to be issued shall fail be redeemed as shall equal the lowest denomination in which the Bonds of such Series are authorized to present such Bond to the Paying Agent or any Co-Paying Agent be issued for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).each number
Appears in 1 contract
Sources: Master Trust Indenture
Selection of Bonds to be Redeemed. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemptionare redeemed in part, DTC will select the particular Bonds or portions of Bonds to be redeemed shall pursuant to its rules and procedures or, if the book-entry system with DTC or any other securities depository has been discontinued, the Paying Agent will select the Bonds to be selected redeemed by the Trustee, lot in such manner as the Trustee Paying Agent in its discretion may deem proper, in but Bonds held by the aggregate Credit Provider pursuant to the Reimbursement Agreement will be selected first for redemption. Each Authorized Denomination of principal amount designated represented by any Bond will be considered a separate Bond for purposes of selecting the Bonds to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated be redeemed. If a Bond subject to redemption is in a certificate denomination larger than the minimum Authorized Denomination, a portion of such Bond may be redeemed, but only in a principal amount such that the 31 37 unredeemed portion of such Bond is equal to an Authorized Company Representative delivered to Denomination. For any Bond in a denomination of more than the Trusteeminimum Authorized Denomination, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee Paying Agent shall treat each such Bond as representing a single Bond in the minimum Authorized Denomination plus that number of Bonds which that is obtained by dividing the remaining principal amount of such Bond by $5,000the Minimum Authorized Denomination. If it is determined that one or more, but not all, of the $5,000 units Authorized Denominations of principal amount represented by any such Bond is to be called for redemption, then, upon on notice of intention to redeem such $5,000 unit or unitsAuthorized Denominations of principal amount of such Bond, the Owner of such Bond shall forthwith Bond, on surrender of such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed principal amount of such Bond called for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery , will be entitled to such Owner of receive a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds representing the unredeemed balance of the principal amount of any such Bond shall Bonds will be delivered issued to the Owner thereof, thereof without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail the amount being redeemed fails to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shallwill, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (denomination being redeemed and to that extent only).
Appears in 1 contract
Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or any integral multiple thereof) of the principal amount designated to of Bonds of such series having a denomination larger than the Trustee by the Company or otherwise as required by this Indentureminimum authorized denomination for Bonds of such series; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; . The Bond Registrar shall promptly notify the Company and providedthe Trustee in writing of the Bonds selected for redemption and, furtherin the case of any Bonds selected to be redeemed in part, that 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 Bonds shall relate, in the case of any Bonds redeemed or to be redeemed only in part, to the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.
Appears in 1 contract
Selection of Bonds to be Redeemed. If less than all (a) Series 1998A Bonds in the Bonds Weekly Mode or the Monthly Mode shall be called redeemed in the principal amount of $100,000 or any integral multiple of $5,000 in excess thereof. Series 1998A Bonds in any other Interest Rate Mode shall be redeemed in the principal amount of $5,000 or any integral multiple thereof. The Series 1998A Bonds to be redeemed shall be selected by the Trustee as follows:
(i) First, from Pledged Bonds,
(ii) Second, from all other Series 1998A Bonds being redeemed (other than Pledged Bonds and Lessee Bonds), and
(iii) Third, from Lessee Bonds. Except for redemption under any provision the order set forth above, selection of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, in such manner method as the Trustee shall deem equitable, provided that for this purpose Bonds of a denomination larger than the minimum authorized denomination or integral multiples thereof provided for in its discretion may deem proper, Section 203 shall be treated on the same basis as if they were the appropriate number of Bonds of such minimum authorized denomination. The portions of the principal of Outstanding Bonds so selected for partial redemption shall be equal to such minimum authorized denomination or integral multiples thereof. Any Bond which is to be redeemed only in part shall be submitted to the aggregate principal amount designated Paying Agent and delivered to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered who shall authenticate and deliver to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premiumBond, if anywithout service charge, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds Bonds, of any authorized denomination as requested by such Owner in the an aggregate principal amount of equal to and in exchange for the unredeemed balance portion of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds so surrendered. If the Owner of any such Bond of a denomination greater than $5,000 shall fail the minimum authorized denomination for such Bond fails to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the redemption date fixed for redemption to the extent of the $5,000 unit or units of principal amount of such Bond called for redemption (and to that extent only). Series 1998B Bonds and Series 1998C Bonds shall be redeemed in the principal amount of $5,000 or any integral multiple of $5,000; provided no partial redemption shall result in any Series 1998B Bond or any Series 1998C Bond remaining Outstanding in a principal amount less than $100,000.
(b) In the case of any optional redemption of Bonds pursuant to paragraph (a), (b) or (f) of Section 302, the Trustee shall call Bonds for redemption as herein provided upon receipt by the Trustee at least 45 days prior to the redemption date of a written request of the Lessee together with the written consent of the Letter of Credit Provider, if required. Such request shall specify the principal amounts of Bonds to be called for redemption, the series of Bonds to be redeemed, the date such Bonds are to be redeemed, the applicable redemption price or prices and the provision or provisions of this Indenture pursuant to which such Bonds are to be called for redemption. The foregoing provisions of this paragraph shall not apply in the case of any mandatory redemption of Bonds pursuant to paragraphs (c), (d) and (g) of Section 302, and Bonds shall be called by the Trustee for redemption pursuant to such mandatory redemption requirements without the necessity of any action by the Issuer, the Lessee or the Letter of Credit Provider and whether or not at the time of mailing the notice of redemption the Trustee holds in the Available Moneys Account of the Series 1998A Bond Fund moneys available for and sufficient to effect the required redemption.
Appears in 1 contract
Sources: Trust Indenture (Labone Inc)
Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds, provided, that there shall be no partial redemption of less than $100,000. If less than all the Bonds shall be called for redemption under any provision of this Indenture Agreement permitting such partial redemption, redemption the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenturefair and appropriate; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, however (a) that the portion of any Bond to be redeemed under any provision of this Agreement shall be in the principal amount of $5,000 100,000 or some integral any multiple thereof and thereof, (b) that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000100,000 and (c) that, to the extent practicable, the Trustee will not select any Bond for partial redemption if the amount of such Bond remaining outstanding would be reduced by such partial redemption to less than $100,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to there shall be called for redemptionredemption less than all of a Bond, thenthe Issuer shall execute and deliver and the Trustee shall authenticate, upon notice of intention to redeem such $5,000 unit or units, the Owner surrender of such Bond shall forthwith surrender such Bond Bond, and at the expense of the Borrower and without charge to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premiumowner thereof, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new replacement Bond or Bonds in the aggregate principal amount of the unredeemed balance of the Bond so surrendered. At its option, to be exercised on or before the 60th day next preceding any mandatory scheduled redemption date pursuant to Section 401(c) (iii), the Borrower may deliver to the Trustee for cancellation Bonds in any aggregate principal amount of any such Bondwhich have been purchased by the Borrower in the open market. Bonds representing Each Bond 50 delivered shall be credited by the unredeemed balance Trustee at 100% of the principal amount thereof against the mandatory scheduled redemption requirement provided in Section 401(c) (iii) on such mandatory redemption date and against the monthly Loan payments required to be made with respect to such mandatory scheduled redemption requirement under Section 1001B; and any excess of any such Bond amount shall be delivered credited against future mandatory scheduled redemption requirements and against the corresponding portions of the monthly Loan payments in chronological order. The Borrower, will, on or before the 60th day preceding each mandatory scheduled redemption date, furnish the Trustee with a certificate, signed by an Authorized Borrower Representative, stating the extent to which the provisions of the first sentence of this paragraph are to be availed of with respect to such mandatory redemption requirements for such mandatory redemption date; unless such certificate is so timely furnished to the Owner thereofTrustee, without charge therefor. If the Owner of any mandatory redemption requirements provided for such Bond of a denomination greater than $5,000 shall fail to present such Bond to date in Section 401(c) (iii) and the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent corresponding portions of the $5,000 unit or units monthly Loan payments shall not be reduced under the provisions of principal amount called for redemption (and to that extent only)this paragraph.
Appears in 1 contract
Sources: Loan and Trust Agreement (Lasalle Hotel Properties)