Common use of Selection of Notes to Be Redeemed Clause in Contracts

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 4 contracts

Sources: Indenture (Calumet, Inc. /DE), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatebasis. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 4 contracts

Sources: Indenture (Pacific Energy Partners Lp), Indenture (Inergy L P), Indenture (Inergy L P)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatebasis. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 4 contracts

Sources: Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis basis, or by lot or such other method as when the Trustee in its sole discretion shall deem appropriateNotes are Global Notes, pursuant to Applicable Procedures. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Supplemental Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. . (c) The provisions of the two preceding paragraphs clauses (a) and (b) of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 4 contracts

Sources: Senior Notes Indenture (Genesis Energy Lp), Twenty First Supplemental Indenture (Genesis Energy Lp), Twentieth Supplemental Indenture (Genesis Energy Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but exchange, on a pro rata basis; and if the Notes are in global form, then by lot or otherwise all in accordance with the procedures of DTC the Depositary. No Notes of $2,000 or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not less can be redeemed in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatepart. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 15 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Issuers will promptly notify the Trustee in writing of any listing or delisting of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only Notes on or from a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresnational securities exchange.

Appears in 4 contracts

Sources: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or (except that any Notes represented by lot or a Global Note will be redeemed by such other method as the Trustee in its sole discretion shall deem appropriateDepository may require). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two immediately preceding paragraphs paragraph of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 4 contracts

Sources: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Indenture (Global Partners Lp)

Selection of Notes to Be Redeemed. If less fewer than all of the Euro Notes or Dollar Notes are to be redeemed at any time, the Trustee or the Registrar shall select the Euro Notes or Dollar Notes to be redeemed among by a method that complies with the Holders requirements, as certified to it by the Issuers, of the principal securities exchange, if any, on which the Euro Notes as follows: (1) if the or Dollar Notes are listed on any national securities exchangeat such time, and in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) relevant clearing system or, if the Notes are not listed on any national a securities exchange, or such securities exchange but are in global form, then by lot or otherwise in accordance with the procedures prescribes no method of DTC or the applicable depositary; or (3) if selection and the Notes are not listed on any national securities exchange and are held through clearing system or the clearing system prescribes no method of selection, by lot; provided, however, that (i) no such partial redemption shall reduce the portion of the principal amount of a Dollar Note not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes redeemed to be redeemed shall be selected, not less than three $200,000 and (3ii) Business Days prior to no such partial redemption shall reduce the giving of notice portion of the redemption pursuant principal amount of a Euro Note not redeemed to Section 3.03, by less than €100,000. The Trustee or the Trustee Registrar shall make the selection from the Notes outstanding Notes and not previously called for redemption. The Trustee shall promptly notify or the Issuers in writing of the Notes selected Registrar may select for redemption andportions equal to (i) with respect to Dollar Notes, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess principal amount and any integral multiple thereof and (ii) with respect to Euro Notes, €1,000 in principal amount and any integral multiple thereof; provided that no Euro Notes of €100,000 in principal amount or less and no Dollar Notes of $2,000; except that if all of the Notes of a Holder are to 200,000 in principal amount or less may be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedredeemed in part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee or the Registrar, as applicable, shall notify the Issuers promptly in writing of the two preceding paragraphs Notes or portions of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is Notes to be redeemed in whole or in partcalled for redemption. In case of any such redemption in part, Neither the unredeemed portion of Trustee nor the principal amount of the Global Note Registrar shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be liable for selections made in accordance with Applicable Proceduresthe provisions of this Section 3.03. Any redemption and notice may, in the Issuers’ discretion, be subject to the satisfaction of one or more conditions precedent.

Appears in 3 contracts

Sources: Secured Indenture (Ardagh Finance Holdings S.A.), Senior Indenture (Ardagh Finance Holdings S.A.), Senior Indenture (Ardagh Finance Holdings S.A.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as (or, in the Trustee case of Global Notes, the Notes represented thereby will be selected in its sole discretion shall deem appropriateaccordance with the Depository’s prescribed method). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if such amount does not a minimum of equal $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two immediately preceding paragraphs paragraph of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Natural Resource Partners Lp), Indenture (Natural Resource Partners Lp), Indenture (PetroLogistics LP)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatebasis. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if such amount does not a minimum of equal $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Chesapeake Midstream Partners Lp), Indenture (Inergy L P), Indenture (Inergy L P)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made done in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made done in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, and the Notes are Global Notes, the Notes to be redeemed shall be selected by the Depositary in accordance with its Applicable Procedures. If the Notes to be redeemed are not Global Notes then held by the Depositary, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1i) if the Notes are listed on any national securities exchangeexchange and the Trustee has been notified by the Company of such listing, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; , (2ii) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis to the extent practicable or (iii) to the extent that selection on a pro rata basis is not practicable, by lot or such other similar method as the Trustee in its sole discretion shall deem deems to be fair and appropriate. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three ten (310) Business Days nor more than sixty (60) days prior to the giving of notice of the redemption pursuant to Section 3.03, Redemption Date by the Trustee or Depositary, as applicable, from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1 or whole multiples of $1,000 1 in excess thereof; no Notes of $2,000; 1 or less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatebasis. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp), Indenture (Crosstex Energy Lp)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or or, in the case of Global Notes, by lot or such other method as in accordance with the Trustee in its sole discretion shall deem appropriateapplicable procedures of the Depositary from the outstanding Notes not previously called for redemption. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three two (32) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, Holder shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders or less than all of the Notes as follows: (1) if of a particular series are to be redeemed, the Trustee will select Notes are listed on any national securities exchangefor redemption pro rata, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatefair and appropriate (provided that, in the case of Global Notes, the Depositary may select Global Notes for redemption pursuant to its Applicable Procedures) and, if applicable, with such adjustments that may be deemed appropriate by the Trustee so that only Notes in denominations of $100,000 or whole multiples of $1,000 in excess thereof will be purchased unless otherwise required by law, Depositary requirements, or applicable stock exchange requirements; provided that if only Notes of a particular series are to be redeemed, such selection by the Trustee shall be limited to Notes of such series. No Notes of $100,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, or purchase date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral 100,000 or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum in the amount of $2,000 100,000 or a whole multiple of $1,0001,000 thereof, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Cheniere Energy Partners, L.P.), Indenture (Cheniere Energy Inc), Indenture (Cheniere Energy Partners, L.P.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, and the Notes are Global Notes, they will be selected for redemption in accordance with Applicable Procedures of the Depositary. If the Notes are not Global Notes, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; listed or (2) if the Notes are not listed on any national securities exchange but are in global formso listed, then by lot or otherwise in accordance with the procedures Applicable Procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriateDepositary. In the event of partial redemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes in amounts of $2,000 or less shall be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or a redemption pursuant to Section 5.6, the Trustee shall will select Notes for redemption (a) if the Notes to be redeemed among are held through DTC (including in global form) or if DTC prescribes a method of selection, in compliance with the Holders applicable requirements of DTC and (b) if the Notes as follows: are not held through DTC or DTC prescribes no method of selection (including if the Notes are held in definitive form), by lot or on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the otherwise required by law. No Notes are not listed on any national securities exchange but are in global form, then by lot an unauthorized denomination or otherwise of $2,000 in accordance with the procedures of DTC aggregate principal amount or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not less shall be redeemed in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatepart. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 10 days nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption; provided that the Company shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee shall will promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedredeemed or purchased. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Sources: Indenture (Wayfair Inc.), Indenture (Wayfair Inc.), Indenture (Wayfair Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1a) if the Notes are listed for trading on any a national securities exchangeexchange and a Responsible Officer of the Trustee actually knows of such listing, in compliance with the requirements of the principal national securities exchange on which the Notes are so listed; or (2b) if the Notes are not so listed on any national securities exchange but or there are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formno such requirements, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption andor, in the case of any Note selected for partial redemptionGlobal Notes, the principal amount thereof to be redeemedTrustee will select Notes for redemption in accordance with Depositary’s applicable procedures). Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1.00 or multiples of $1,000 1.00 in excess thereof (and, if PIK Interest has been paid, in minimum denominations of $2,0001.00 or an integral multiple of $1.00 in excess thereof); no Notes of $1.00 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 1.00 or a multiple of $1,0001.00 in excess thereof, shall be redeemedredeemed or purchased. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to If any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed. A new Note in part. In case of any such redemption in part, principal amount equal to the unredeemed portion of the principal amount original Note will be issued in the name of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable ProceduresHolder thereof upon cancellation of the original Note.

Appears in 3 contracts

Sources: Indenture (Cloud Peak Energy Inc.), Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co LLC)

Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time, made (a) by the Trustee shall select the Notes to be redeemed among the Holders of the Notes on a pro rata basis or as follows: (1) if the Notes are listed on any national securities exchange, otherwise required in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; listed (2) and the Issuer shall notify the Trustee of any such listing), or if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis to the extent practicable or by lot or by such other method as the Trustee in its sole discretion shall deem appropriate. In fair and appropriate (and, in such manner that complies with the event requirements of partial redemptionthe Depository, if applicable with respect to each applicable series of Notes to be redeemed) and (b) by DTC in accordance with Applicable Procedures if the particular Notes to be redeemed are Global Notes; provided, that, no Notes in denominations of $2,000 (and integral multiples of $1,000 in excess thereof) or less (or if a PIK Payment has been made, no Notes of $1.00 or less) shall be selected, not less than three (3) Business Days prior to redeemed in part. The Trustee shall make the giving of notice of the redemption pursuant to Section 3.03, by the Trustee selection from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing may select for redemption portions of the principal of Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedthat have denominations larger than $2,000. Notes and portions of Notes selected them the Trustee selects shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess thereof (or if a PIK Payment has been made, in the amount of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 1.00 or a any integral multiple of $1,000, shall be redeemed1.00 in excess thereof). Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee shall notify the Issuer promptly of the two preceding paragraphs Notes or portions of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is Notes to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresredeemed.

Appears in 2 contracts

Sources: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Fourth Supplemental Indenture (Sunnova Energy International Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes as follows: (1) if not more than 60 days prior to the Notes are listed on any national securities exchangeredemption date, or otherwise in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee in its sole discretion shall deem appropriateconsiders fair and reasonable. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $1,000 or less shall be redeemed in part. The Trustee may select for redemption portions of the principal of Notes that have denominations larger than $1,000. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess thereof (subject to the procedures of $2,000DTC or any other depositary); except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Redemptions pursuant to Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note 3.07(b) hereof shall be made in accordance with Applicable Procedureson a pro rata basis or on as nearly a pro rata basis as practicable (subject to the provisions of DTC or other depositary).

Appears in 2 contracts

Sources: Indenture (Brigham Exploration Co), Indenture (Brigham Exploration Co)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeNotes pursuant to Paragraph [ ] of the Notes, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed; listed or (2) if the such Notes are not then listed on any a national securities exchange but are in global formexchange, then on a pro rata basis, by lot or otherwise in accordance such other fair and appropriate manner determined at the discretion of the Trustee; provided that no partial redemption will reduce the principal amount at maturity of a Note not redeemed to less than $1,000; and provided, further, that if a partial redemption is made with the procedures proceeds of DTC or an Equity Offering then the applicable depositary; or (3) if selection of the Notes are not listed on any national securities exchange and are not in global form, or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or by lot or such other method on as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three nearly a pro rata basis as is practicable (3) Business Days prior subject to the giving of notice procedures of the redemption pursuant to Section 3.03Depository), by unless such method is prohibited. The Trustee shall make the Trustee selection from the Notes outstanding Notes and not previously called for redemption. The Trustee redemption and shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof thereof, to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples denominations of $1,000 may be redeemed only in excess of whole. The Trustee may select for redemption portions (equal to $2,000; except that if all 1,000 or any integral multiple thereof) of the Notes of a Holder are to be redeemed, the entire outstanding amount principal of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of that have denominations larger than $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Credit Agreement (Golfsmith International Holdings Inc), Indenture (Golfsmith International Holdings Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or (or, in the case of Global Notes, based on such other method as the Trustee in its sole discretion shall deem appropriateDepository may require). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Legacy Reserves Inc.), Indenture (Legacy Reserves Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or basis; or (3) in the case of Notes in global form, by lot or such other method as the Trustee DTC may prescribe. No Notes of $2,000 or less can be redeemed in its sole discretion shall deem appropriatepart. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 15 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or (except that any notes represented by lot or a note in global form will be selected by such other method as the Trustee in its sole discretion shall deem appropriateDTC may require). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; listed (2if such listing is known to the Trustee) or, if the Notes are not listed so listed, on any national securities exchange but are in global forma pro rata basis, then by lot or otherwise in accordance with any other method the Trustee considers fair and reasonable (subject to the procedures of DTC or any other Depositary and by maintaining the applicable depositary; or (3) if authorized denominations for the Notes). In the case of a redemption of the Notes are not listed on any national securities exchange and are not in global formpursuant to Section 3.07(b), the Trustee shall select the Notes to be redeemed on a pro rata basis or by lot on as nearly a pro rata basis as practicable (subject to the procedures of DTC or such any other method as the Trustee in its sole discretion shall deem appropriateDepositary). In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of a notice of the such redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $1,000 or less shall be redeemed in part. The Trustee may select for redemption portions of the principal of Notes that have denominations larger than $1,000. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Continental Resources, Inc), Indenture (Continental Resources Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are exchange, on a pro rata basis (and, in global formthe case of Global Notes, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriateDepositary). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts denominations of $2,000 1 principal amount and integral multiples of $1,000 1 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedthereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timeredeemed, unless the procedures of the Depositary provide otherwise, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formlot, on a pro rata basis or by lot or such other another method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, considers fair and appropriate (so long as such method is not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, prohibited by the Trustee from rules of any stock exchange or quotation association on which the outstanding Notes not previously called for redemptionare then traded or quoted). The Trustee shall promptly notify the Issuers in writing of the Notes selected may select for redemption and, in the case portions of any Note selected for partial redemption, the principal amount thereof to be redeemedof Notes that have denominations larger than $1,000. Notes and portions of Notes selected that the Trustee selects shall be in minimum principal amounts of $2,000 and 1,000 or an integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee shall notify the Company promptly (but in any case within 7 days of the two preceding paragraphs Company Order referred to in Section 3.01) of this the Notes or portions of the Notes selected to be redeemed and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of the Note. Following a notice of redemption, Notes and portions of Notes are convertible, pursuant to Section 3.02 shall not apply 15.01(b)(v), by the holder until the close of business on the Business Day prior to the Redemption Date. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to any redemption affecting only the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be from the portion selected for redemption. Notes that have been converted during a Global Note, whether such Global Note is selection of Notes to be redeemed in whole or in part. In case may be treated by the Trustee as outstanding for the purpose of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresselection.

Appears in 2 contracts

Sources: Indenture (Affiliated Managers Group Inc), Indenture (Synnex Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are exchange, on a pro rata basis (and, in global formthe case of Global Notes, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriateDepositary). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (American Midstream Partners, LP), Indenture (Martin Midstream Partners Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.6 hereof, the Trustee (or the applicable Agent) shall select Notes for redemption (a) if the Notes to be redeemed among are in global form, on a pro rata basis or such other method in accordance with the Holders applicable procedures of Euroclear or Clearstream, as applicable, and (b) if the Notes as follows: are in definitive form, by lot or on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the otherwise required by law. No Notes are not listed on any national securities exchange but are in global form, then by lot an unauthorized denomination or otherwise of €100,000 in accordance with the procedures of DTC aggregate principal amount or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not less shall be redeemed in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatepart. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 10 days nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption; provided that the Company shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral €100,000 or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000€1,000 in excess thereof, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Beach Acquisition Co Parent, LLC), Indenture (Skechers Usa Inc)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, and the Notes are Global Notes, they will be selected for redemption in accordance with applicable Depositary procedures. If the Notes are not Global Notes, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; listed or (2) if the Notes are not listed so listed, on any national securities exchange but are in global forma pro rata basis, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriateDepositary. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes in amounts of $2,000 or less shall be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Orbital Atk, Inc.), Indenture (Alliant Techsystems Inc)

Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time, made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; listed (2) and the Issuers shall notify the Trustee in writing of any such listing), or if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis to the extent practicable or by lot or by such other method as the Trustee in its sole discretion shall deem appropriate. In fair and appropriate (and, in each case, in such manner that complies with the event requirements of partial redemptionthe Depository, the particular if applicable); provided that no Notes to of $1.00 or less shall be redeemed in part, or if a PIK Payment has occurred, no Notes of $1.00 or less shall be selectedredeemed in part. The Trustee, not less than three (3) Business Days prior to if applicable, shall make the giving of notice of the redemption pursuant to Section 3.03, by the Trustee selection from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing Trustee, if applicable, may select for redemption portions of the principal of Notes selected for redemption andthat have denominations larger than $1.00, in the case of any Note selected for partial redemptionor if a PIK Payment has occurred, the principal amount thereof to be redeemedhave denominations larger than $1.00. Notes and portions of Notes selected them the Trustee selects shall be in minimum principal amounts of $2,000 and 1.00 or integral multiples of $1,000 1.00 in excess thereof, or if a PIK Payment has occurred, in amounts of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum 1.00 or integral multiples of $2,000 or a multiple of $1,000, shall be redeemed1.00 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Upon selection, the Trustee shall notify the Issuers promptly of the two preceding paragraphs Notes or portions of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is Notes to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresredeemed.

Appears in 2 contracts

Sources: Indenture (Muzak Capital, LLC), Indenture (Muzak Capital, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1a) if the Notes are listed for trading on any a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are so listed; or (2b) if the Notes are not so listed on any national securities exchange but or there are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formno such requirements, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption andor, in the case of Notes in global form, the Trustee will select Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection), by lot or by such method as the Trustee shall deem fair and appropriate. No Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address. If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be A new Note in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are amount equal to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount original Note will be issued in the name of the Global Note shall be Holder thereof upon cancellation of the original Note. Notes called for redemption without condition become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions of them called for redemption unless the Issuers default in an authorized denomination. Any making such redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedurespayment.

Appears in 2 contracts

Sources: Fifteenth Supplemental Indenture (Markwest Energy Partners L P), Thirteenth Supplemental Indenture (Markwest Energy Partners L P)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1a) if the Notes are listed on any a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedlisted (provided that the Company shall have notified the Trustee of such requirements prior to the delivery of notice of redemption to Holders pursuant to Section 3.03); or (2b) if the Notes are not so listed on any (or if the Company has not notified the Trustee of the applicable requirements of the principal national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if on which the Notes are not listed on any national securities exchange and pursuant to clause (a) above), then, in the case of Notes that are not in global formGlobal Notes, on a pro rata basis or basis, by lot or by such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption andappropriate or, in the case of any Note selected for Global Notes, in accordance with the procedures of the Depository; provided that, in the case of such partial redemptionredemption pursuant to the first paragraph of Section 6 of the Notes, the principal amount thereof to Notes will be redeemed. Notes and portions selected on a pro rata basis (unless, in the case of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all Global Notes, the procedures of the Notes Depository provide for a different basis of a Holder are to be redeemedselection, the entire outstanding amount of Notes held by in which case such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note selection shall be made in accordance with Applicable Proceduressuch procedures); provided, further, that, in the case of clause (a) above, the Company shall have provided the Trustee with an Officers’ Certificate describing or attaching a copy of the applicable requirements of such securities exchange. The Trustee shall not be responsible for determining whether or not any such requirements of any such securities exchange exist and will use reasonable efforts to comply with any such requirements of which it is so notified. Notes may be redeemed in part in integral multiples of $1,000; provided, that the remaining principal amount of any Note redeemed in part must not be less than $2,000. So long as the Notes are represented by a Global Note or Global Notes registered in the name of the Depository or its nominee, neither the Trustee nor any of its agents shall have any responsibility for any actions taken or not taken by the Depository.

Appears in 2 contracts

Sources: Indenture (Davita Healthcare Partners Inc.), Indenture (Physicians Choice Dialysis, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders or less than all of the Notes as follows: (1) if the Notes of a particular series are listed on any national securities exchangeto be redeemed, in compliance each case, other than in connection with the requirements any redemption pursuant to Section 9.09 hereof or Section 8.4 of the principal national securities exchange on which Note Purchase Agreement, the Trustee will select Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global formfor redemption pro rata, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatefair and appropriate and, if applicable, with such adjustments that may be deemed appropriate by the Trustee so that only Notes in denominations of $100,000 or whole multiples of $1,000 in excess thereof will be purchased unless otherwise required by law or applicable stock exchange requirements; provided that if only Notes of a particular series are to be redeemed, such selection by the Trustee shall be limited to Notes of such series. In No Notes of $100,000 or less can be redeemed in part. Other than in the case of any redemption pursuant to Section 9.09 hereof or Section 8.4 of the Note Purchase Agreement, in the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three ten (310) Business Days nor more than sixty (60) days prior to the giving of notice of the redemption pursuant to Section 3.03, or purchase date by the Trustee from the outstanding Notes not previously called for redemption. The Other than in the case of any redemption pursuant to Section 9.09 hereof or Section 8.4 of the Note Purchase Agreement, the Trustee shall will promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral 100,000 or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum in the amount of $2,000 100,000 or a whole multiple of $1,0001,000 thereof, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Cheniere Corpus Christi Holdings, LLC), Indenture (Cheniere Corpus Christi Holdings, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or (except that any Notes represented by lot or a Global Note will be redeemed by such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemptionDepository may require). The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two immediately preceding paragraphs paragraph of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Global Partners Lp), Indenture (Global Partners Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed so listed, on any national securities exchange but are in global forma PRO RATA basis, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee considers fair and appropriate; PROVIDED THAT no Note of $1,000 or less will be redeemed in its sole discretion shall deem appropriatepart. In the event that less than all of partial redemptionthe Notes are to be redeemed by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, Holder shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 SECTION 3.2 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Ram Energy Inc/Ok), Indenture (Ram Energy Inc/Ok)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be so redeemed at any timepursuant to Section 3.07, the Trustee shall select the Notes or portions thereof to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; listed or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate, subject to applicable DTC procedures in the case of Global Notes. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee date from the then outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral whole multiples of $1,000 in excess thereof; no Notes of $2,000; 2,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions . (c) After the redemption date, upon surrender of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole part only, a new Note or Notes in part. In case of any such redemption in part, principal amount equal to the unredeemed portion of the principal amount original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Global Holder of the Notes upon cancellation of the original Note shall be in an authorized denomination. Any redemption in whole (or in part affecting a Global Note appropriate book entries shall be made in accordance with Applicable Proceduresto reflect such partial redemption).

Appears in 2 contracts

Sources: Indenture (Square, Inc.), Indenture (Square, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but exchange, on a pro rata basis; and if the Notes are in global form, then by lot or otherwise all in accordance with the procedures of DTC the Depositary. No Notes of $2,000 or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not less can be redeemed in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatepart. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 10 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Issuers will promptly notify the Trustee in writing of any listing or delisting of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only Notes on or from a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresnational securities exchange.

Appears in 2 contracts

Sources: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)

Selection of Notes to Be Redeemed. If less the Company elects to redeem fewer than all of the Notes, and the Notes are to be redeemed at any timethe time represented by a Global Note, then the Trustee shall Depositary will select the particular Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures thereof. If the Company elects to redeem less than all of DTC or the applicable depositary; or (3) if Notes, and any of the Notes are not listed on any national securities exchange and are not in global formrepresented by a Global Note, on a then the Trustee will select the particular Notes to be redeemed pro rata basis or rata, by lot or such other method as the Trustee in its sole discretion shall deem appropriatea manner it deems appropriate and fair. In the event of partial redemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 15 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the a Holder’s Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Supplemental Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: First Supplemental Indenture (Wyndham Worldwide Corp), First Supplemental Indenture (Wyndham Hotels & Resorts, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee in its sole discretion shall deem deems fair and appropriate. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that (i) if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed and (ii) if only a portion of the Notes of a Holder is to be redeemed, the unredeemed portion of the Notes of such Holder must be equal to $2,000 in principal amount or an integral multiple of $1,000 in excess thereof. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee shall notify the Company promptly of the two preceding paragraphs Notes or portions of Notes to be redeemed. The provisions in this Section 3.02 shall not apply with respect relating to any a redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount notes shall also be applicable to a repurchase of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be Notes made in accordance with Applicable ProceduresSection 3.09 hereof.

Appears in 2 contracts

Sources: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate (1) if the Notes are listed on any national securities exchangeor, in compliance with the requirements case of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures Trustee will select Notes for redemption based on the method of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on Depository that most nearly approximates a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriateselection). In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 days nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedthereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee Company shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; listed (2and the Company shall notify the Trustee of any such listing) or, if the Notes are not listed on any national securities exchange but are in global formso listed, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or basis, by lot or by such other method as the Trustee Company in its sole discretion shall will deem appropriate. In to be fair and appropriate (or, in the event case of partial redemptionGlobal Notes, the particular Company will select Notes to be redeemed shall be selected, not less than three for redemption based on the Depositary’s method that most nearly approximates a pro rata selection). (3b) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee Company shall promptly notify the Issuers Trustee in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $2,000 or less shall be redeemed in part (or $1.00 following any PIK Payment). The Company may select for redemption portions of the principal of Notes that have denominations larger than $2,000 (or $1.00 following any PIK Payment). Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of thereof (or $2,0001.00 or an integral multiple thereof following any PIK Payment); except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001,000 or $1.00, as applicable, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Goodrich Petroleum Corp), Note Purchase Agreement (Goodrich Petroleum Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or (except that any Notes represented by lot or a Global Note shall be selected by such other method as the Depositary or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata selection as the Trustee in its sole discretion shall deem appropriatedeems fair and appropriate unless otherwise required by law). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.034.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers and the Registrar in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 4.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Summit Midstream Partners, LP), First Supplemental Indenture (Summit Midstream Partners, LP)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1a) if the Notes are listed on any a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedlisted (provided that the Company shall have notified the Trustee of such requirements prior to the delivery of notice of redemption to holders pursuant to Section 3.03); or (2b) if the Notes are not so listed on any (or if the Company has not notified the Trustee of the applicable requirements of the principal national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if on which the Notes are not listed on any national securities exchange and pursuant to clause (a) above), then, in the case of Notes that are not in global formGlobal Notes, on a pro rata basis or basis, by lot or by such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption andfair and appropriate or, in the case of Global Notes, in accordance with the procedures of the Depository; (c) if the Company redeems fewer than all the Notes at any Note selected for partial redemptiontime, the principal amount thereof Trustee will select Notes on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be redeemedfair and appropriate unless otherwise required by law or applicable stock exchange or depositary requirements, including the applicable procedures of DTC. Notes and portions provided that, in the case of Notes selected shall be in minimum principal amounts such partial redemption pursuant to the first paragraph of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all Section 6 of the Notes of a Holder are to be redeemedNotes, the entire outstanding amount Notes will be selected on a pro rata basis (unless, in the case of Notes held by such HolderGlobal Notes, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions the procedures of the two preceding paragraphs Depository provide for a different basis of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Noteselection, whether in which case such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note selection shall be made in accordance with Applicable Proceduressuch procedures); provided, further, that, in the case of clause (a) above, the Company shall have provided the Trustee with an Officer’s Certificate describing or attaching a copy of the applicable requirements of such securities exchange. The Trustee shall not be responsible for determining whether or not any such requirements of any such securities exchange exist and will use reasonable efforts to comply with any such requirements of which it is so notified. Notes may be redeemed in part in integral multiples of $1,000; provided, that the remaining principal amount of any Note redeemed in part must not be less than $2,000. So long as the Notes are represented by a Global Note or Global Notes registered in the name of the Depository or its nominee, neither the Trustee nor any of its agents shall have any responsibility for any actions taken or not taken by the Depository.

Appears in 2 contracts

Sources: Indenture (Western Digital Corp), Indenture (WD Media, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption shall be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) , or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate; provided that no Notes of $1,000 or less shall be redeemed in part. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding principal amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of this Indenture that apply to Notes called for redemption also apply to portions the Holder thereof upon cancellation of Notes called for redemptionthe original Note. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global NoteCertificate, whether such Global Note Certificate is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note Certificate shall be in an authorized denomination. Any On and after the redemption date, unless the Company defaults in whole payment of the redemption price, interest ceases to accrue on Notes or portions of them called for redemption. Except as provided in part affecting a Global Note shall be made in accordance with Applicable Proceduresthis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Sources: Indenture (Forcenergy Inc), Indenture (Forcenergy Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee Paying Agent shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed as certified to the Paying Agent by the Issuers, or if the Notes are not so listed on any national securities or such exchange but are in global form, then by lot or otherwise in accordance with the procedures prescribes no method of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formselection, on a pro rata basis or basis, by lot or by such other method as the Trustee in its sole discretion Paying Agent shall deem appropriatefair and appropriate and otherwise in such manner as complies with the Applicable Procedures. In Neither the event of partial redemption, Trustee nor the particular Notes to be redeemed Paying Agent shall be selected, not less than three liable for any selection made by it in accordance with this paragraph (3) Business Days prior to including the giving of notice procedures of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemptionrelevant depositaries). The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 200,000 and any integral multiples multiple of $1,000 in excess thereof; no Note of less than $2,000; 200,000 can be redeemed in part, except that that, if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum principal amount of at least $2,000 or a multiple of $1,000200,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 2 contracts

Sources: Indenture (Organon & Co.), Indenture (Organon & Co.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatebasis. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if such amount does not a minimum of equal $2,000 or a an integral multiple of $1,0001,000 in excess thereof, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Chesapeake Midstream Partners Lp)

Selection of Notes to Be Redeemed. (a) If less than all of the New Second Lien Non-Convertible Notes or the New Second Lien Convertible Notes are to be redeemed at any time, the applicable Second Lien Trustee shall select the New Second Lien Secured Notes to be redeemed among for redemption by lot (or as nearly pro rata basis as practicable) unless otherwise required by law or the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements rules of the principal national securities exchange exchange, if any, on which the New Second Lien Secured Notes are listedlisted (but only to the extent that the applicable Second Lien Trustee has been notified in writing of such listing by the Company) provided that the selection of the New Second Lien Secured Notes of the applicable series for redemption shall not result in a Holder of the applicable series of New Second Lien Secured Notes owning less than $2,000 in principal amount of New Second Lien Secured Notes of the applicable series; (2) provided further that if New Second Lien Secured Notes of the applicable series are Global Notes, interests such Global Notes are not listed on any national securities exchange but are in global form, then will be selected for redemption by lot or otherwise the Depository in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriateApplicable Procedures. In the event of partial redemptionredemption by lot, the particular New Second Lien Non-Convertible Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three ten (310) Business Days nor more than sixty (60) days prior to the giving of notice of redemption date, and the particular New Second Lien Convertible Notes to be redeemed shall be selected, unless otherwise provided herein, not less than forty-five (45) nor more than sixty-five (65) days prior to the redemption pursuant to Section 3.03date, by the applicable Second Lien Trustee from the outstanding New Second Lien Secured Notes not previously called for redemption. If all of the New Second Lien Secured Notes of the applicable series are Global Notes, interests in the New Second Lien Secured Notes of the applicable series to be redeemed will be selected for redemption by the Depositary in accordance with the Applicable Procedures. The applicable Second Lien Trustee shall promptly notify the Issuers Company in writing of the New Second Lien Secured Notes selected for redemption and, in the case of any New Second Lien Secured Note selected for partial redemption, the principal amount thereof to be redeemed. No New Second Lien Secured Notes in amounts of $2,000 or less shall be redeemed in part. New Second Lien Secured Notes and portions of New Second Lien Secured Notes of a given series selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,0001,000; except that if all of the New Second Lien Secured Notes of a given series of a Holder are to be redeemed, the entire outstanding amount of New Second Lien Secured Notes of such series held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Second Lien Indenture that apply to New Second Lien Secured Notes called for redemption also apply to portions of New Second Lien Secured Notes called for redemption. . (b) The provisions applicable Second Lien Trustee shall promptly notify the Company in writing of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any New Second Lien Secured Notes selected for redemption affecting only a Global Noteand, whether such Global Note is to be redeemed in whole or in part. In the case of any such redemption in partNew Second Lien Secured Note selected for partial redemption, the unredeemed portion of the principal amount thereof to be redeemed. Except as provided in the Section 3.02(a), provisions of the Global Note shall be in an authorized denomination. Any this Second Lien Indenture that apply to New Second Lien Secured Notes called for redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresalso apply to portions of New Second Lien Secured Notes called for redemption.

Appears in 1 contract

Sources: Second Lien Indenture (Bed Bath & Beyond Canada L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed at any time, the Trustee shall select the Notes of such series to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, of such series in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes of such series are listed; (2) listed or, if the Notes such series are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee considers fair and appropriate; provided that if at the time of redemption the Notes of any series to be redeemed are registered as one or more Global Notes, the Depositary shall determine, in accordance with its sole discretion shall deem appropriateprocedures, the principal amount of the Notes of such series to be redeemed held by each Holder of such Notes. In the event of partial redemptionredemption by lot, the particular Notes of a series to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice redemption date, but in any case not more than two Business Days after the delivery of the redemption pursuant to Officers’ Certificate described in Section 3.033.01 hereof, by the Trustee from the outstanding Notes of such series not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes of any series selected for redemption and, in the case of any Note of any series selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes of any series selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of any series of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes of any series called for redemption also apply to portions of Notes of such series called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (General Motors Financial Company, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Dollar Notes or Euro Notes are to be redeemed at any time, the Trustee shall select the Dollar Notes or Euro Notes to be redeemed among the Holders of the Notes as follows: follows:‌ (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2b) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or basis, by lot or by such other method as the Trustee deems fair and appropriate and in its sole discretion accordance with Euroclear or Clearstream procedures, provided, however, that (i) no such partial redemption shall deem appropriate. In reduce the event portion of partial redemption, the particular Notes principal amount of a Dollar Note not redeemed to be redeemed shall be selected, not less than three $200,000 and (3ii) Business Days prior to no such partial redemption shall reduce the giving of notice portion of the redemption pursuant principal amount of Euro Note not redeemed to Section 3.03, by less than €100,000. The Trustee shall make the Trustee selection from the Notes outstanding Notes and not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected may select for redemption andportions equal to (i) with respect to Dollar Notes, $200,000 in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or any integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001 in excess thereof and (ii) with respect to Euro Notes, shall be redeemed€100,000 in principal amount or any integral multiple of €1 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee shall notify the Issuers and the Registrar promptly in writing of the two preceding paragraphs Notes or portions of this Section 3.02 Notes to be called for redemption. The Trustee shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be liable for selections made in accordance with Applicable Proceduresthe provisions of this Section 3.03. Any redemption and notice may, in the Issuers’ discretion, be subject to the satisfaction of one or more conditions precedent.

Appears in 1 contract

Sources: Indenture

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or by such other method as customarily authorized by the Trustee clearing systems (and in its sole discretion a manner that complies with applicable requirements of the Depositary); provided that no Notes of $2,000 or less shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed in part. Notices of redemption shall be selected, not less than three (3) Business Days prior sent to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption andDTC, in the case of Global Notes, or shall be shall be sent electronically or mailed by first class mail, in the case of Certificated Notes at least 30 but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address. If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. In the case of Certificated Notes, a new Note in principal amount equal to the unredeemed portion of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. In the case of Global Notes, the outstanding balance of any such Global Note shall be adjusted by the Trustee to reflect such redemption. On and after the redemption date, interest ceases to accrue on Notes and or portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes them called for redemption. The provisions Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer in writing of the two preceding paragraphs of this Section 3.02 shall not apply with respect Notes selected for redemption. The Trustee may select for redemption portions (equal to $1,000 or any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion integral multiple thereof) of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable ProceduresNotes that have denominations larger than $2,000.

Appears in 1 contract

Sources: Indenture (Mantech International Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed so listed, on any national securities exchange but are in global forma PRO RATA basis, then by lot or otherwise in accordance with any other method the procedures Company considers fair and appropriate; provided that no Notes of DTC or the applicable depositary; $1,000 or (3) if the Notes are not listed on any national securities exchange and are not in global formU)1,000, on a pro rata basis or by lot or such other method as the Trustee case may be, or less shall be redeemed in its sole discretion shall deem appropriatepart. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or [Euro] 1,000, as the case may be, or whole multiples of $1,000 in excess of $2,000or [Euro] 1,000, as the case may be; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000 or [Euro] 1,000, as the case may be, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Metromedia Fiber Network Inc)

Selection of Notes to Be Redeemed. If less than all of any series of the Notes are to be redeemed at any time, the Trustee shall Paying Agent or Registrar will select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, for redemption in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) , as certified to the Paying Agent or Registrar by the Issuer, and in compliance with the requirements of Euroclear and Clearstream, or if the Notes are not so listed on any national securities or such exchange but are in global form, then by lot or otherwise in accordance with the procedures prescribes no method of DTC or the applicable depositary; or (3) if selection and the Notes are not listed on any national securities exchange held through Euroclear and are not in global formClearstream or Euroclear and Clearstream prescribe no method of selection, on a pro rata basis basis, subject to adjustments so that no Note in an unauthorized denomination remains outstanding after such redemption; provided, however, that no Note of €100,000 in aggregate principal amount or by lot or such other method as the Trustee less shall be redeemed in its sole discretion part and only Notes in integral multiples of €1,000 shall deem appropriatebe redeemed. In the event of partial redemptionThe Trustee, the particular Notes to Paying Agent and the Registrar shall not be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to liable for selections made under this Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption1104. The Trustee shall or the Registrar will promptly notify the Issuers in writing of the Notes selected for redemption andIssuer of, in the case of any Note Notes selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 €100,000 and integral multiples of $1,000 in excess of $2,000; thereof, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, €1,000 (in excess of €100,000) shall be redeemedredeemed or purchased. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedurespurchase.

Appears in 1 contract

Sources: Indenture (Garrett Motion Inc.)

Selection of Notes to Be Redeemed. If less fewer than all of the Euro Notes or Dollar Notes are to be redeemed at any time, the Trustee shall select Euro Notes or Dollar Notes will be selected by a method that complies with the Notes requirements, as certified to be redeemed among it by the Holders Issuers, of the principal securities exchange, if any, on which the Euro Notes as follows: (1) if the or Dollar Notes are listed on any national securities exchangeat such time, and in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) relevant clearing system or, if the Euro Notes or the Dollar Notes are not listed on any national a securities exchange, or such securities exchange but are in global form, then by lot or otherwise in accordance with the procedures prescribes no method of DTC or the applicable depositary; or (3) if selection and the Notes are not listed on any national securities exchange and are held through clearing system or the clearing system prescribes no method of selection, by lot; provided, however, that (i) no such partial redemption shall reduce the portion of the principal amount of a Dollar Note not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes redeemed to be redeemed shall be selected, not less than three $200,000 and (3ii) Business Days prior to no such partial redemption shall reduce the giving of notice portion of the redemption pursuant principal amount of a Euro Note not redeemed to Section 3.03, by less than €100,000. The Trustee or the Trustee Registrar shall make the selection from the Notes outstanding Notes and not previously called for redemption. The Trustee shall promptly notify or the Issuers in writing of the Notes selected Registrar may select for redemption andportions equal to (i) with respect to Dollar Notes, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess principal amount and any integral multiple thereof and (ii) with respect to Euro Notes, €1,000 in principal amount and any integral multiple thereof; provided that no Euro Notes of €100,000 in principal amount or less and no Dollar Notes of $2,000; except that if all of the Notes of a Holder are to 200,000 in principal amount or less may be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedredeemed in part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee or the Registrar, as applicable, shall notify the Issuers promptly in writing of the two preceding paragraphs Notes or portions of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is Notes to be redeemed in whole or in partcalled for redemption. In case of any such redemption in part, Neither the unredeemed portion of Trustee nor the principal amount of the Global Note Registrar shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be liable for selections made in accordance with Applicable Proceduresthe provisions of this Section 3.03. Any redemption and notice may, in the Issuers’ discretion, be subject to the satisfaction of one or more conditions precedent. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such redemption or notice shall state that in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date or by the redemption date so delayed.

Appears in 1 contract

Sources: Indenture (Ardagh Group S.A.)

Selection of Notes to Be Redeemed. If less fewer than all of the Euro Notes or Dollar Notes are to be redeemed at any time, the Trustee shall select Euro Notes or Dollar Notes will be selected by a method that complies with the Notes requirements, as certified to be redeemed among it by the Holders Issuers, of the principal securities exchange, if any, on which the Euro Notes as follows: (1) if the or Dollar Notes are listed on any national securities exchangeat such time, and in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) relevant clearing system or, if the Euro Notes or the Dollar Notes are not listed on any national a securities exchange, or such securities exchange but are in global form, then by lot or otherwise in accordance with the procedures prescribes no method of DTC or the applicable depositary; or (3) if selection and the Notes are not listed on any national securities exchange and are not in global formheld through clearing system or the clearing system prescribes no method of selection, on a pro rata basis or by lot or lot; provided, however, that (i) no such other method as partial redemption shall reduce the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice portion of the redemption pursuant to Section 3.03, by principal amount of a Dollar The Trustee or the Trustee Registrar shall make the selection from the Notes outstanding Notes and not previously called for redemption. The Trustee shall promptly notify or the Issuers in writing of the Notes selected Registrar may select for redemption andportions equal to (i) with respect to Dollar Notes, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess principal amount and any integral multiple thereof and (ii) with respect to Euro Notes, €1,000 in principal amount and any integral multiple thereof; provided that no Euro Notes of €100,000 in principal amount or less and no Dollar Notes of $2,000; except that if all of the Notes of a Holder are to 200,000 in principal amount or less may be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedredeemed in part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee or the Registrar, as applicable, shall notify the Issuers promptly in writing of the two preceding paragraphs Notes or portions of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is Notes to be redeemed in whole or in partcalled for redemption. In case of any such redemption in part, Neither the unredeemed portion of Trustee nor the principal amount of the Global Note Registrar shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be liable for selections made in accordance with Applicable Proceduresthe provisions of this Section 3.03. Any redemption and notice may, in the Issuers’ discretion, be subject to the satisfaction of one or more conditions precedent. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such redemption or notice shall state that in the Issuers’ discretion, the Redemption Date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the Redemption Date or by the Redemption Date so delayed.

Appears in 1 contract

Sources: Indenture (Ardagh Group S.A.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee deems fair and appropriate. In the case of Global Notes, the Notes to be redeemed shall be selected in its sole discretion shall deem appropriateaccordance with the Applicable Procedures. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $2,000 or less shall be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Windstream Services, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee considers fair and appropriate; provided that no Notes of $1,000 or less shall be redeemed in its sole discretion shall deem appropriatepart. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Issuers shall promptly notify the Trustee in writing of the listing of the Notes on any national securities exchange. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes them selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of In the two preceding paragraphs of this Section 3.02 shall not apply with respect event the Issuers are required to any redemption affecting only a Global Note, whether such Global Note is make an offer to be redeemed in whole or in part. In case of any such redemption in part, redeem Notes pursuant to Sections 3.09 and 4.10 hereof and the unredeemed portion of the principal amount of the Global Note Excess Proceeds from the Asset Sale are not evenly divisible by $1,000, the Trustee shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedurespromptly refund to the Issuers any remaining Excess Proceeds.

Appears in 1 contract

Sources: Indenture (Remington Products Co LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method the Company considers fair and appropriate; provided that no Notes of $1,000 or (euro)1,000, as the Trustee case may be, or less shall be redeemed in its sole discretion shall deem appropriatepart. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or (euro)1,000, as the case may be, or whole multiples of $1,000 in excess of $2,000or (euro)1,000, as the case may be; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001,000 or (euro)1,000, as the case may be, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Metromedia Fiber Network Inc)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee deems fair and appropriate. In the case of Global Notes, the Notes to be redeemed shall be selected in its sole discretion shall deem appropriateaccordance with the Applicable Procedures. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $2,000 or less shall be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Windstream Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1a) if the Notes are listed on any a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedlisted (provided that the Company shall have notified the Trustee of such requirements prior to the delivery of notice of redemption to Holders pursuant to Section 3.03); or (2b) if the Notes are not so listed on any (or if the Company has not notified the Trustee of the applicable requirements of the principal national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if on which the Notes are not listed on any national securities exchange and are not in global formpursuant to clause (a) above), on a pro rata basis or basis, by lot or by such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption andappropriate or, in the case of any Note selected for Global Notes, by the Depository or, if applicable, in accordance with the procedures of the Depository; provided that, in the case of such partial redemptionredemption pursuant to the first paragraph of Section 6 of the Notes, the principal amount thereof Trustee will select the Notes on a pro rata basis or on as nearly a pro rata basis as practicable (subject to the procedures of the Depository); provided, further, that, in the case of clause (a) above, the Company shall have provided the Trustee with an Officers’ Certificate describing or attaching a copy of the applicable requirements of such securities exchange. The Trustee shall not be redeemedresponsible for determining whether or not any such requirements of any such securities exchange exist and will use reasonable efforts to comply with any such requirements of which it is so notified. Notes and portions of Notes selected shall may be redeemed in minimum principal amounts of $2,000 and part in integral multiples of $1,000 in excess of $2,0001,000; except provided, that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the remaining principal amount of the Global any Note shall be in an authorized denomination. Any redemption in whole or redeemed in part affecting must not be less than $2,000. So long as the Notes are represented by a Global Note or Global Notes registered in the name of the Depository or its nominee, neither the Trustee nor any of its agents shall be made in accordance with Applicable Procedureshave any responsibility for any actions taken or not taken by the Depository.

Appears in 1 contract

Sources: Indenture (Davita Healthcare Partners Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are exchange, by lot; or (3) in the case of Notes in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee DTC may prescribe. No Notes of $2,000 or less can be redeemed in its sole discretion shall deem appropriatepart. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 10 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Holly Energy Partners Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee considers fair and appropriate; provided that no Notes of $1,000 or less will be redeemed in its sole discretion shall deem appropriatepart. In the event that less than all of partial redemptionthe Notes are to be redeemed by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, Holder shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 3.2 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Dawson Production Services Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1i) if the Notes are listed on any national securities exchangelisted, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2ii) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee in its sole discretion shall deem considers fair and appropriate. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 days nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such a Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (CGG Veritas)

Selection of Notes to Be Redeemed. If less fewer than all of the Dollar Notes or Euro Notes are to be redeemed at any time, the Trustee or the Registrar shall select the Dollar Notes or Euro Notes to be redeemed among by a method that complies with the Holders requirements, as certified to it by the Issuer, of the principal securities exchange, if any, on which the Dollar Notes as follows: (1) if the or Euro Notes are listed on any national securities exchangeat such time, and in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) relevant clearing system or, if the Dollar Notes or Euro Notes are not listed on any national a securities exchange, or such securities exchange but are in global form, then by lot or otherwise in accordance with the procedures prescribes no method of DTC or the applicable depositary; or (3) if selection and the Notes are not listed on any national securities exchange and are held through clearing system or the clearing system prescribes no method of selection, by lot; provided, however, that (i) no such partial redemption shall reduce the portion of the principal amount of a Dollar Note not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes redeemed to be redeemed shall be selected, not less than three $200,000 and (3ii) Business Days prior to no such partial redemption shall reduce the giving of notice portion of the redemption pursuant principal amount of a Euro Note not redeemed to Section 3.03, by less than €100,000. The Trustee or the Trustee Registrar shall make the selection from the Notes outstanding Notes and not previously called for redemption. The Trustee shall promptly notify or the Issuers in writing of the Notes selected Registrar may select for redemption andportions equal to (i) with respect to Dollar Notes, $1 in the case of any Note selected for partial redemption, the principal amount and any integral multiple thereof and (ii) with respect to be redeemed. Euro Notes, €1 in principal amount and any integral multiple thereof; provided that no Euro Notes of €100,000 in principal amount or less and portions of no Dollar Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 200,000 in excess of $2,000; except that if all of the Notes of a Holder are to principal amount or less may be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedredeemed in part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee or the Registrar, as applicable, shall notify the Issuer promptly in writing of the two preceding paragraphs Notes or portions of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is Notes to be redeemed in whole or in partcalled for redemption. In case of any such redemption in part, Neither the unredeemed portion of Trustee nor the principal amount of the Global Note Registrar shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be liable for selections made in accordance with Applicable Proceduresthe provisions of this Section 3.03. Any redemption and notice in respect of an optional redemption described in Section 6 of the Notes may, in the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent. Any redemption and notice in respect of a mandatory redemption described in Section 7 of the Notes may, in the Issuer’s discretion, be subject to a condition precedent that the sale of the Qualified Capital Stock has closed.

Appears in 1 contract

Sources: Indenture (Ardagh Finance Holdings S.A.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee considers fair and appropriate; provided that no Notes of $1,000 or less will be redeemed in its sole discretion shall deem appropriatepart. In the event that less than all of partial redemptionthe Notes are to be redeemed by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any NOTICE OF REDEMPTION. Subject to the provisions of Section 3.09 hereof, at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. Failure to receive such notice or any defect in the notice to any such Holder shall not affect the validity of the proceedings for the redemption of any other Notes or portion thereof. The notice shall identify the Notes to be redeemed (including CUSIP number) and shall state: the redemption date; the redemption price; if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion shall be issued upon cancellation of the original Note; the name and address of the Paying Agent; that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price; that, unless the Company's defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date; the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company's request, the Trustee shall give the notice of redemption in whole or the Company's name and at its expense; provided, however, that the Company shall have delivered to the Trustee, at least 60 days (unless the Trustee and the Company agree to a shorter period) prior to the redemption date, an Officers' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in part affecting a Global Note shall be made such notice as provided in accordance with Applicable Proceduresthe preceding paragraph.

Appears in 1 contract

Sources: Indenture (Parker Drilling Co of Oklahoma Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee considers fair and appropriate; provided that no Notes of $1,000 or less will be redeemed in its sole discretion shall deem appropriatepart. In the event that less than all of partial redemptionthe Notes are to be redeemed by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 3.2 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Taylor Companies Inc)

Selection of Notes to Be Redeemed. If less than all of the Fixed Rate Dollar Notes, the Fixed Rate Euro Notes or the Floating Rate Notes, as the case may be, are to be redeemed at any time, the applicable Registrar on behalf of the Trustee shall will select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, for redemption on a pro rata basis or by lot unless otherwise required by law or such other method as applicable depositary or stock exchange requirements. Neither the Trustee nor the applicable Registrar will be liable for selections made by it in its sole discretion accordance with this Section 3.02. No Euro Notes of €100,000 or less or Dollar Notes of $200,000 or less can be redeemed in part. If the Issuer elects to redeem the Notes, it shall deem appropriate. In deliver an Officer’s Certificate to the event Trustee (copying the Paying Agent) notifying the Trustee and the Paying Agent of partial redemptionthe proposed redemption date, the particular principal amount of Notes to be redeemed and the provisions on which the Issuer relies to redeem. Notices of redemption will be mailed by first class mail by (or on behalf of) the Issuer at least 10 but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture. Any redemption and notice of redemption may, at the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent. At the Issuer’s request, the Trustee shall be selectedgive the notice of redemption in the Issuer’s name and at its expense in accordance with Section 14.01; provided, not less than three (3) Business Days however, that the Issuer shall have delivered to the Trustee, at least 45 days prior to the giving redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in Section 3.03(b). Notices of notice of the purchase or redemption shall be given to each Holder pursuant to Section 3.0314.01. If any Euro Note or Dollar Note is to be redeemed in part only, by the Trustee from notice of redemption that relates to that Note will state the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing portion of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof of that Note that is to be redeemed. Notes and portions In the case of certified Notes, a new Euro Note or Dollar Note, as the case may be, in principal amount equal to the unredeemed portion of the original Euro Note or Dollar Note, as applicable, will be issued in the name of the Holder of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all upon cancellation of the Notes of a Holder are to be redeemedoriginal Note, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedas applicable. Provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions of Notes called for redemption. The provisions of In relation to Definitive Registered Notes, a new Note in principal amount equal to the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole unpurchased or in part. In case of any such redemption in part, the unredeemed portion of any Note purchased or redeemed in part will be issued in the principal amount name of the Global Note Holder thereof upon cancellation of the original Note. On or after any purchase or redemption date, unless the Issuer defaults in payment of the purchase or redemption price, interest shall be in an authorized denomination. Any redemption in whole cease to accrue on Notes or in part affecting a Global Note shall be made in accordance with Applicable Proceduresportions thereof tendered for purchase or called for redemption.

Appears in 1 contract

Sources: Indenture (VimpelCom Ltd.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders or less than all of the Notes as follows: (1) if of a particular series are to be redeemed, the Trustee will select Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then for redemption by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formlot, on a pro rata basis or (provided that, in the case of Global Notes, the Depositary may select Global Notes for redemption pursuant to its Applicable Procedures) and, if applicable, with such adjustments that may be deemed appropriate by lot or such other method as the Trustee so that only Notes in its sole discretion denominations of $2,000 or whole multiples of $1,000 in excess thereof will be purchased unless otherwise required by law, Depositary requirements, or applicable stock exchange requirements; provided that if only Notes of a particular series are to be redeemed, such selection by the Trustee shall deem appropriatebe limited to Notes of such series. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, or purchase date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum in the amount of $2,000 or a whole multiple of $1,0001,000 thereof, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Venture Global, Inc.)

Selection of Notes to Be Redeemed. If the Issuers are redeeming less than all of the Notes are to be redeemed issued under this Indenture at any time, the Issuers shall deliver to the Trustee, at least three Business Days prior to the sending of the notice of redemption (unless the Trustee shall agrees to a shorter period), an Officer’s Certificate requesting the Trustee select the Notes to be redeemed among and the Holders of Trustee will select the Notes as follows: to be redeemed (1a) if the Notes are listed on any national securities an exchange, in compliance with the requirements of the principal national securities such exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3b) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot (or in the case of Global Notes, by such other method as DTC may require). The Trustee shall not be liable for selections made in accordance with this paragraph (or if the Trustee in its sole discretion Note is a Global Note, any adjustment shall deem appropriatebe made to the schedule attached thereto). In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 15 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 or less can be redeemed in excess of $2,000; part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, Holder shall be redeemed. Provisions Except as provided in the immediately preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Kraton Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee selection of such Notes for redemption or purchase shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, made on a pro rata basis or to the extent practicable or, to the extent that selection on a pro rata basis is not practicable for any reason, by lot or such other method as required by the Trustee rules of the Depositary; provided that no Notes of $200,000 or less may be purchased or redeemed in its sole discretion part. None of the Trustee, the Registrar or the Paying Agents will be liable for any selection made under this Section 3.02. If any Note is to be redeemed in part only, the notice of redemption relating to such Note shall deem appropriatestate the portion of the principal amount thereof to be redeemed. New Notes in principal amount equal to the unredeemed or unpurchased portion of any Notes redeemed or purchased in part will be issued in the name of the Holder thereof upon cancellation of the original Notes. On and after the Redemption Date or purchase date, unless the Issuers default in payment of the redemption price or the purchase price, interest will cease to accrue on Notes or portions thereof purchased or called for redemption or purchase. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 200,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum in an amount of $2,000 200,000 or a whole multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Vrio Corp.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.6 hereof, the Trustee (or the applicable Agent) shall select Notes for redemption (a) if the Notes to be redeemed among are in global form, on a pro rata basis or such other method in accordance with the Holders applicable procedures of DTC and (b) if the Notes as follows: are in definitive form, by lot or on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the otherwise required by law. No Notes are not listed on any national securities exchange but are in global forman unauthorized denomination or of $200,000 (or if a PIK Payment has been made, then by lot no Notes of $1.00) in aggregate principal amount or otherwise less shall be redeemed in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriatepart. In the event of partial redemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than three (3) Business Days 10 days nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption; provided that the Company shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral 200,000 or whole multiples of $1,000 in excess thereof (or if any PIK Payment has been made, in minimum principal amounts of $2,0001.00 and in integral multiples of $1.00 in excess thereof); except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Skechers Usa Inc)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes as follows: (1) if not more than 60 days prior to the Notes are listed on any national securities exchangeredemption date, or otherwise in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee in its sole discretion shall deem considers fair and appropriate. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $1,000 or less shall be redeemed in part. The Trustee may select for redemption portions of the principal of Notes that have denominations larger than $1,000. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Redemptions pursuant to Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note 3.07(b) hereof shall be made in accordance with Applicable Procedureson a pro rata basis or on as nearly a pro rata basis as practicable (subject to the provisions of DTC or other depositary).

Appears in 1 contract

Sources: Indenture (Invacare Corp)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes as follows: (1) if not more than 60 days prior to the Notes are listed on any national securities exchangeredemption date, or otherwise in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee in its sole discretion shall deem appropriateconsiders fair and reasonable. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $1,000 or less shall be redeemed in part. The Trustee may select for redemption portions of the principal of Notes that have denominations larger than $1,000. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Redemptions pursuant to Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note 3.07(b) hereof shall be made in accordance with Applicable Procedureson a pro rata basis or on as nearly a pro rata basis as practicable (subject to the provisions of DTC or other depositary).

Appears in 1 contract

Sources: Indenture (Brigham Exploration Co)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any timepursuant to Section 3.07, the Trustee shall select the Notes to be redeemed among the Holders selection of the Notes as follows: (1) if for redemption or purchase will be made by the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, Trustee on a pro rata basis to the extent applicable or by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate. In ; provided that if the event Notes are represented by Global Notes, interests in the Notes shall be selected for redemption or purchase by the Depositary in accordance with its Applicable Procedures; provided, further, that no Notes of partial redemption, the particular Notes to less than $2,000 can be redeemed shall be selected, not less than three or repurchased in part. (3b) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000thereof; except provided that if all of the no Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 in principal amount or a multiple of $1,000, less shall be redeemedredeemed in part. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions . (c) After the redemption date, upon surrender of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole part only, a new Note or Notes in part. In case of any such redemption in part, principal amount equal to the unredeemed portion of the principal amount original Note, representing the same indebtedness to the extent not redeemed, shall be issued in the name of the Global Holder of the Notes upon cancellation of the original Note shall be in an authorized denomination. Any redemption in whole (or in part affecting a Global Note appropriate book entries shall be made to reflect such partial redemption); provided that the new Note will be issued only in accordance with Applicable Proceduresminimum denominations of $2,000 and integral multiples of $1,000 in excess thereof.

Appears in 1 contract

Sources: Indenture (Aecom)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedlisted unless otherwise required by law or applicable depository requirements; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as basis, subject to the authorized denomination for the Notes (or, in the case of Global Notes, the Trustee in its sole discretion shall deem appropriateselect Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection) unless otherwise required by law or applicable depository requirements. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selectedselected by the Trustee, not less than three five (35) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum in amounts of $2,000 or a whole multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs paragraph of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Sanchez Energy Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis (or by lot or such other method in the case of Global Notes, on as nearly a pro rata basis as is practicable, subject to the Trustee in its sole discretion shall deem appropriateprocedures of the Depository). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Breitburn Energy Partners LP)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders selection of the Notes as follows: (1) if for redemption will be made by the Notes are listed on any national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or by such other method as the Trustee considers fair and appropriate; provided that no Notes of $1,000 in its sole discretion shall deem appropriateoriginal principal amount or less will be redeemed in part. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Seven Seas in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the portion of the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and 1,000 or integral multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 3.2 shall not apply with respect to any redemption affecting only a Global Notecertificate, whether such Global Note certificate is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note certificate shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresremain outstanding.

Appears in 1 contract

Sources: Indenture (Seven Seas Petroleum Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as or, in the case of Global Notes, the Trustee in its sole discretion shall deem appropriatewill select Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection unless otherwise required by law. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) five Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Endeavour International Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes for redemption as follows: : (1a) if the Notes are listed for trading on any a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are so listed; or (2b) if the Notes are not so listed on any national securities exchange but or there are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formno such requirements, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption andor, in the case of Notes in global form, the Trustee will select Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection), by lot or by such method as the Trustee shall deem fair and appropriate. No Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional, except that any redemption described under Section 4.07(c) may at the Issuers’ discretion, be conditioned upon completion of the related Equity Offering. If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be A new Note in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are amount equal to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount original Note will be issued in the name of the Global Note shall be Holder thereof upon cancellation of the original Note. Except as provided in an authorized denominationthe immediately preceding paragraph, Notes called for redemption become due on the date fixed for redemption. Any On and after the redemption date, interest ceases to accrue on Notes or portions of them called for redemption unless the Issuers default in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduresmaking such redemption payment.

Appears in 1 contract

Sources: Fifth Supplemental Indenture (Markwest Energy Partners L P)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed so listed, on any national securities exchange but are in global forma pro rata basis, then by lot or otherwise in accordance with any other method the procedures Trustee considers fair and appropriate; provided, however, that if a partial redemption is made with the proceeds of DTC or the applicable depositary; or (3) if an Equity Offering, selection of the Notes are not listed on any national securities exchange and are not in global form, or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is prohibited. Any such determination by lot or such other method as the Trustee in its sole discretion shall deem appropriatebe conclusive. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1,000 or whole multiples of $1,000 in excess of $2,0001,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Grant Prideco Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timetime pursuant to Section 5, Section 6 or Section 7 of the Notes, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: : (1) if the Notes are listed on any a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis (if the Notes are issued in physical form), or by lot or in accordance with applicable procedures of the Depository (if the Notes are issued in global form); provided, however, that, in the case of such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Trustee will select the Notes to be redeemed shall be selected, not less than three on a pro rata basis or on as nearly a pro rata basis as practicable (3) Business Days prior subject to the giving of notice procedures of the redemption pursuant to Section 3.03Depository), by the Trustee from the outstanding Notes not previously called for redemptionunless that method is otherwise prohibited. The Trustee shall promptly notify the Issuers Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal the amounts of $2,000 and 1,000 or integral multiples of $1,000 1,000; provided, however, that no Note shall be redeemed in excess part if such Note would have a remaining principal amount of less than $2,000; except provided further, however, that that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of the Notes held by such Holder, even if not a minimum of $2,000 or a an integral multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to the Notes called for redemption shall also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Supplemental Indenture (Alere Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as (or, in the case of Global Notes, the Trustee in its sole discretion shall deem appropriatewill select Notes for redemption based on the Depository’s method that most nearly approximates a pro rata selection). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Exterran Holdings Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed so listed, on any national securities exchange but are in global forma pro rata basis, then by lot or otherwise in accordance with any other method the procedures Trustee deems fair and appropriate (and in compliance with applicable legal requirements); provided, however, that if a partial redemption is made with the proceeds of DTC an Equity Offering, selection of the notes or portions thereof for redemption shall be made by the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, Trustee only on a pro rata basis or by lot on as nearly as a pro rata basis as is practicable (subject to the Depository Trust Company's procedures) unless such method is otherwise prohibited. However, no Notes of a principal amount of $1,000 or such other method as the Trustee less shall be redeemed in its sole discretion shall deem appropriatepart. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and 1,000 or integral multiples of $1,000 in excess of $2,000; 1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a an integral multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Aerojet Ordnance Tennessee Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as (or, in the case of Global Notes, the Trustee in its sole discretion shall deem appropriateselect Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a whole multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two next preceding paragraphs paragraph of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (EV Energy Partners, LP)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; depositary or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made done in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Calumet Specialty Products Partners, L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Calumet, Inc. /DE)

Selection of Notes to Be Redeemed. 44 (a) If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or or, in the case of Global Notes, by lot or such other method as in accordance with the Trustee in its sole discretion shall deem appropriateapplicable procedures of the Depositary from the outstanding Notes not previously called for redemption. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three two (32) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.034.03, by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, Holder shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: First Supplemental Indenture (Comstock Resources Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1i) if the Notes are listed on any national securities exchangelisted, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2ii) if the Notes are not listed so listed, on any national securities exchange but are in global forma pro rata basis, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) depository, if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriateany. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 days nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 200,000 or whole multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedthereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such a Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (CGG Holding B.V.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes as follows: (1) if not more than 60 days prior to the Notes are listed on any national securities exchangeredemption date, or otherwise in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee considers fair and reasonable and in its sole discretion shall deem appropriateany case in accordance with the rules and procedures of the applicable Depositary. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $5,000 or less shall be redeemed in part. The Trustee may select for redemption portions of the principal of Notes that have denominations larger than $5,000. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 5,000 or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Redemptions pursuant to Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note 3.07 hereof shall be made in accordance with Applicable Procedureson a pro rata basis or on as nearly a pro rata basis as practicable (subject to the provisions of DTC or other depositary).

Appears in 1 contract

Sources: Indenture (Uno of Victor, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at in connection with any timeredemption, the Trustee shall will select the Notes to be redeemed among the Holders (or portions of the Notes Notes) for redemption as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or by lot or lot; provided, however, to the extent any such other method as the Trustee Notes are held in its sole discretion shall deem appropriate. In the event of partial redemptionglobal form, the particular Notes to be redeemed shall be selectedselected in accordance with the applicable procedures and requirements of DTC; provided that no Definitive Note of $2,000 or less shall be redeemed in part. The Trustee and the Registrar, as applicable, shall not less than three (3) Business Days prior to the giving of notice be liable for selections made by it in accordance with this Section 3.02. None of the redemption pursuant Trustee, the Paying Agent, the Transfer Agent or the Registrar will be liable to Section 3.03, by the Trustee from the outstanding Notes not previously called any person for redemptionany selections made in accordance with this paragraph. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. With respect to Definitive Notes, Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess thereof; no Notes of $2,000; 2,000 or less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Viavi Solutions Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee Company shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; listed (2and the Company shall notify the Trustee of any such listing) or, if the Notes are not listed on any national securities exchange but are in global formso listed, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis or basis, by lot or by such other method as the Trustee Company in its sole discretion shall will deem appropriate. In to be fair and appropriate (or, in the event case of partial redemptionGlobal Notes, the particular Company will select Notes to be redeemed shall be selected, not less than three for redemption based on the Depositary’s method that most nearly approximates a pro rata selection). (3b) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee Company shall promptly notify the Issuers Trustee in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $1.00 or less shall be redeemed in part. The Company may select for redemption portions of the principal of Notes that have denominations larger than $1.00. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral 1.00 or whole multiples of $1,000 1.00 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, 1.00 shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Goodrich Petroleum Corp)

Selection of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any timepursuant to Paragraph 5 of the Notes, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: redeemed: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed; or (2) if the such Notes are not then listed on any national a securities exchange but are in global formexchange, then on a pro rata basis, by lot or otherwise in accordance by such method as the Trustee may reasonably determine is fair and appropriate; provided that no partial redemption will reduce the principal amount of a Note not redeemed to less than £50,000; and provided further, that if a partial redemption is made with the procedures proceeds of DTC or an Equity Offering then the applicable depositary; or (3) if Trustee shall select the Notes are not listed on any national securities exchange and are not in global form, or portions thereof for redemption only on a pro rata basis or by lot or such other method on as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three nearly a pro rata basis as is practicable (3) Business Days prior subject to the giving of notice of Applicable Procedures), unless such method is prohibited. The Trustee shall make the redemption pursuant to Section 3.03, by the Trustee selection from the Notes outstanding Notes and not previously called for redemption. The Trustee redemption and shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof at maturity thereof, to be redeemed. Notes and in denominations of less than £50,000 in principal amount at maturity may be redeemed only in whole. The Trustee may select for redemption portions of Notes selected shall be (in minimum principal integral amounts of $2,000 and integral multiples £1,000; provided no Notes of $1,000 in excess of $2,000; except that if all less than £50,000 will remain outstanding thereafter) of the principal of each Holder's Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedthat have denominations larger than £50,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions If and for so long as the Notes are listed on the Euro MTF Market of the two preceding paragraphs Luxembourg Stock Exchange and its rules so require, notice of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Proceduressent to the Luxembourg Stock Exchange.

Appears in 1 contract

Sources: Indenture (Altra Industrial Motion, Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes (subject to the applicable procedures of DTC if the Notes are Global Notes) to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee in its sole discretion shall deem fair and appropriate. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $2,000 or less shall be redeemed in part. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Caleres Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes or portions thereof to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; (2) listed or, if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or such in accordance with any other method as the Trustee considers fair and appropriate, provided that Notes in its sole discretion shall deem appropriatedenominations of $1,000 or less may not be redeemed in part. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 30 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected for redemption shall be in minimum principal amounts of $2,000 and 1,000 or integral multiples of $1,000 in excess of $2,000; 1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding principal amount of Notes held by such Holder, even if not a minimum of $2,000 or a an integral multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Oasis Interval Ownership, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or by lot or such other method as or, in the case of Global Notes, the Trustee in its sole discretion shall deem appropriatewill select Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection unless otherwise required by law. In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) five Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and 1.00 or any integral multiples of $1,000 in excess of $2,000multiple thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001.00, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Endeavor International Corp)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes of a series are to be so redeemed at any timepursuant to Section 3.07, the Trustee shall select the Notes of such series or portions thereof to be redeemed among the Holders of the Notes as follows: (1) if the Notes of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes of such series are listed; listed or (2) if the Notes of such series are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formso listed, on a pro rata basis or basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate, subject to applicable DTC procedures in the case of Global Notes. In the event of partial redemptionredemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three (3) Business Days 10 nor more than 60 days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee Redemption Date from the then outstanding Notes of such series not previously called for redemption. . (b) The Trustee shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral whole multiples of$1,000 in excess thereof; no Notes of $1,000 2,000 or less shall be redeemed in excess of $2,000; part, except that if all of the Notes of a series of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes of such series held by such Holder, even if not a minimum of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions . (c) After the Redemption Date, upon surrender of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole part only, a new Note or Notes of such series in part. In case of any such redemption in part, principal amount equal to the unredeemed portion of the principal amount original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Global Holder of the Notes upon cancellation of the original Note shall be in an authorized denomination. Any redemption in whole (or in part affecting a Global Note appropriate book entries shall be made in accordance with Applicable Proceduresto reflect such partial redemption).

Appears in 1 contract

Sources: Indenture (Coinbase Global, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or (except that any notes represented by lot or a note in global form will be selected by such other method as the Trustee in its sole discretion shall deem appropriateDTC may require). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three five (35) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.033.3 hereof, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and integral or whole multiples of $1,000 in excess of $2,000 and Notes in denominations larger than $2,000 may be redeemed in part provided that the unredeemed principal amount of such Notes is not less than $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 3.2 hereof shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: First Supplemental Indenture (Linn Energy, LLC)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timepursuant to the provisions of this Indenture, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed; listed or (2b) if the such Notes are not then listed on any a national securities exchange but are in global formexchange, then on a pro rata basis, by lot or otherwise in accordance with by such method as the procedures of DTC or Trustee may reasonably determine is fair and appropriate; provided, that if any redemption is made pursuant to Section 3.01(c), the applicable depositary; or (3) if Trustee will select the Notes are not listed on any national securities exchange and are not in global form, only on a pro rata basis or by lot or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such other method as is otherwise prohibited. The Trustee shall make the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee selection from the Notes outstanding Notes and not previously called for redemption. The Trustee redemption and shall promptly notify the Issuers Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof, to be redeemed. The Trustee will promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. Notes and portions of Notes selected shall will be in minimum principal amounts of $2,000 and integral multiples of $1,000 in excess of $2,000; thereof, except that (i) if all of the Notes of a Holder are to be redeemed, the entire outstanding principal amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed, subject in the case of Global Notes, to the procedures of DTC; and (ii) in any event the unredeemed portion of Notes redeemed in part shall be in a principal amount of at least $2,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Aventine Renewable Energy Holdings Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Dollar Notes or Euro Notes are to be redeemed at any time, the Trustee shall select Dollar Notes or Euro Notes will be selected by a method that complies with the Notes requirements, as certified to be redeemed among it by the Holders Issuer, of the principal securities exchange, if any, on which the Dollar Notes as follows: (1) if the or Euro Notes are listed on any national securities exchangeat such time, and in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (2) relevant clearing system or, if the Dollar Notes or Euro Notes are not listed on any national a securities exchange, or such securities exchange but are in global form, then by lot or otherwise in accordance with the procedures prescribes no method of DTC or the applicable depositary; or (3) if selection and the Notes are not listed on any national securities exchange and are held through clearing system or the clearing system prescribes no method of selection, by lot; provided, however, that (i) no such partial redemption shall reduce the portion of the principal amount of a Dollar Note not in global form, on a pro rata basis or by lot or such other method as the Trustee in its sole discretion shall deem appropriate. In the event of partial redemption, the particular Notes redeemed to be redeemed shall be selected, not less than three $200,000 and (3ii) Business Days prior to no such partial redemption shall reduce the giving of notice portion of the redemption pursuant principal amount of a Euro Note not redeemed to Section 3.03, by less than €100,000. The Trustee or the Trustee Registrar shall make the selection from the Notes outstanding Notes and not previously called for redemption. The Trustee shall promptly notify or the Issuers in writing of the Notes selected Registrar may select for redemption andportions equal to (i) with respect to Dollar Notes, $1 in the case of any Note selected for partial redemption, the principal amount and any integral multiple thereof and (ii) with respect to be redeemed. Euro Notes, €1 in principal amount and any integral multiple thereof; provided that no Euro Notes of €100,000 in principal amount or less and portions of no Dollar Notes selected shall be in minimum principal amounts of $2,000 and integral multiples of $1,000 200,000 in excess of $2,000; except that if all of the Notes of a Holder are to principal amount or less may be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemedredeemed in part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions Trustee or the Registrar, as applicable, shall notify the Issuer promptly in writing of the two preceding paragraphs Notes or portions of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is Notes to be redeemed in whole or in partcalled for redemption. In case of any such redemption in part, Neither the unredeemed portion of Trustee nor the principal amount of the Global Note Registrar shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be liable for selections made in accordance with Applicable Proceduresthe provisions of this Section 3.03. Any redemption and notice in respect of an optional redemption described in Section 6 of the Notes may, in the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent. Any redemption and notice in respect of a mandatory redemption described in Section 7 of the Notes may, in the Issuer’s discretion, be subject to a condition precedent that the sale of the Qualified Capital Stock has closed. Unless the option for pro rata pass-through distributions of principal is clearly indicated to DTC at the time the issue is made eligible, DTC will process redemptions by means of a random lottery. In the event of a pro rata pass-through distribution of principal, the Trustee or Registrar shall send DTC’s Announcements Department written notice clearly indicating that it relates to a pro rata pass-through distribution of principal.

Appears in 1 contract

Sources: Indenture (Ardagh Group S.A.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if the Notes are not listed on any national securities exchange but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global formexchange, on a pro rata basis or (except that any Notes represented by lot or a Global Note shall be selected by such other method as the Depositary or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata selection as the Trustee in its sole discretion shall deem appropriatedeems fair and appropriate unless otherwise required by law). In the event of partial redemptionredemption other than on a pro rata basis, the particular Notes to be redeemed shall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption pursuant to Section 3.03, by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuers and the Registrar in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $2,000 and or integral multiples of $1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Summit Midstream Partners, LP)