Early Redemption and Exercise of Options. 9.1 If the relevant Issuer intends (other than consequent upon an Event of Default or Restricted Default Event) to redeem all or any of the Instruments prior to their stated maturity date or to exercise any other option under the Terms and Conditions, it shall, not less than 14 days prior to the latest date for the publication of the notice of redemption or of exercise of the relevant Issuer's option required to be given to the Holders of any Instruments, give notice of such intention to the Issue and Paying Agent stating the date on which such Instruments are to be redeemed or such option is to be exercised. 9.2 In respect of any Instruments issued by Eurobank S.A. to which Condition 5.8 applies or which carries any other right of redemption or other right exercisable at the option of the Holders of such Instruments, the relevant Issuer will provide the Paying Agents with copies of the form of the current redemption notice or exercise notice and the Paying Agents will make available forms of the current redemption notice or exercise notice to Holders of Instruments and the Holders’ Agent (if any) upon request during usual business hours at their respective specified offices. Upon receipt of any Instrument deposited in the exercise of such option, the Paying Agent with which such Instrument is deposited shall hold such Instrument (together with, in the case of a Definitive Instrument, any Coupons relating to it deposited with it) on behalf of the depositing Holder of such Instrument (but shall not, save as provided below, release it) until the due date for redemption of the relevant Instrument consequent upon the exercise of such option, or, as the case may be, the date upon which the exercise of such option takes effect when, in the case of redemption and subject as provided below, it shall present such Instrument (and any such Coupons) to itself for payment in accordance with the Terms and Conditions and shall pay such moneys in accordance with the directions of the Holder of the Instrument contained in the relevant redemption notice. In the case of an exercise of any other option, the relevant Paying Agent shall take such steps as may be required to be taken by it in the Terms and Conditions. If, prior to such due date for its redemption or the date upon which the exercise of such option takes effect, an Event of Default or Restricted Event of Default occurs in respect of such Instrument or if upon due presentation payment of such redemption moneys is improperly withheld or refused, the Paying Agent concerned shall, without prejudice to the exercise of such option, mail such Instrument (together with any such Coupons) by uninsured post to, and at the risk of, the Holder of the relevant Instrument at such address as may have been given by such Holder in the relevant redemption notice. 9.3 At the end of any applicable period for the exercise of such option or, as the case may be, not later than 7 days after the latest date for the exercise of such option in relation to a particular date, each Paying Agent shall promptly notify the Issue and Paying Agent of the principal amount of the Instruments in respect of which such option has been exercised with it together with their serial numbers and the Issue and Paying Agent shall promptly notify such details to the relevant Issuer.
Appears in 1 contract
Samples: Issue and Paying Agency Agreement
Early Redemption and Exercise of Options. 9.1 If the relevant Issuer intends (other than consequent upon an Event of Default or Restricted Default EventDefault) to redeem all or any of the Instruments Notes prior to their stated maturity date or to exercise any other option under the Terms and Conditions, it shall, not less than 14 days prior to the latest date for the publication of the notice of redemption or of exercise of the relevant Issuer's ’s option required to be given to the Holders of any InstrumentsNotes, give notice of such intention to the Issue and Paying Fiscal Agent stating the date on which such Instruments Notes are to be redeemed or such option is to be exercised.
9.2 In respect of any Instruments issued by Eurobank S.A. Notes to which Condition 5.8 10(h) or Condition 10(i) applies or which carries any other right of redemption or other right exercisable at the option of the Holders of such InstrumentsNotes, the relevant Issuer will provide the Paying Agents with copies of the form of the current redemption notice or exercise notice and the Paying Agents will make available forms of the current redemption notice or exercise notice to Holders of Instruments and the Holders’ Agent (if any) Notes upon request during usual business hours at their respective specified offices. Upon receipt of any Instrument Note deposited in the exercise of such option, the Paying Agent with which such Instrument Note is deposited shall hold such Instrument Note (together with, in the case of a Definitive InstrumentNote, any Receipts and/or Coupons relating to it deposited with it) on behalf of the depositing Holder of such Instrument Note (but shall not, save as provided below, release it) until the due date for redemption of the relevant Instrument Note consequent upon the exercise of such option, or, as the case may be, the date upon which the exercise of such option takes effect when, in the case of redemption and subject as provided below, it shall present such Instrument Note (and any such Receipts and/or Coupons) to itself for payment in accordance with the Terms and Conditions and shall pay such moneys in accordance with the directions of the Holder of the Instrument Note contained in the relevant redemption notice. In the case of an exercise of any other option, the relevant Paying Agent shall take such steps as may be required to be taken by it in the Terms and Conditions. If, prior to such due date for its redemption or the date upon which the exercise of such option takes effect, an Event of Default or Restricted Event of Default occurs in respect of such Instrument Note or if upon due presentation payment of such redemption moneys is improperly withheld or refused, the Paying Agent concerned shall, without prejudice to the exercise of such option, mail such Instrument Note (together with any such Receipts and/or Coupons) by uninsured post to, and at the risk of, the Holder of the relevant Instrument Note at such address as may have been given by such Holder in the relevant redemption notice.
9.3 At the end of any applicable period for the exercise of such option or, as the case may be, not later than 7 days after the latest date for the exercise of such option in relation to a particular date, each Paying Agent shall promptly notify the Issue and Paying Fiscal Agent of the principal amount of the Instruments Notes in respect of which such option has been exercised with it together with their serial numbers and the Issue and Paying Fiscal Agent shall promptly notify such details to the relevant Issuer.
9.4 If some only of the Notes of a Series are to be redeemed, or subject to the exercise of an Issuer’s option, on such date the Fiscal Agent shall make the drawing that is required in accordance with the Terms and Conditions and the Issuer shall be entitled to send representatives to attend such drawing.
9.5 Each Paying Agent will keep a stock of put notices in the form set out in Schedule 6 (Form of Put Notice) and will make such notices available on demand to Holders of Notes, the Terms and Conditions of which provide for redemption at the option of Noteholders.
Appears in 1 contract
Samples: Fiscal Agency Agreement
Early Redemption and Exercise of Options. 9.1 9.01 If the relevant Issuer intends (other than consequent upon an Event of Default or Restricted Default EventDefault) to redeem all or any of the Instruments prior to their stated maturity date or to exercise any other option under the Terms and Conditions, it shall, not less than 14 days prior to the latest date for the publication of the notice of redemption or of exercise of the relevant Issuer's option required to be given to the Holders of any Instruments, give notice of such intention to the Issue and Paying Agent stating the date on which such Instruments are to be redeemed or such option is to be exercised.
9.2 9.02 In respect of any Instruments issued by Eurobank S.A. to which Condition 5.8 applies or which carries carry any other right of redemption or other right exercisable at the option of the Holders of such Instruments, the relevant Issuer will provide the Paying Agents with copies of the form of the current redemption notice or exercise notice and the Paying Agents will make available forms of the current redemption notice or exercise notice to Holders of Instruments and the Holders’ Agent (if any) upon request during usual business hours at their respective specified offices. Upon receipt of any Instrument deposited in the exercise of such option, the Paying Agent with which such Instrument is deposited shall hold such Instrument (together with, in the case of a Definitive Instrument, any Receipts and/or Coupons relating to it deposited with it) on behalf of the depositing Holder of such Instrument (but shall not, save as provided below, release it) until the due date for redemption of the relevant Instrument consequent upon the exercise of such option, or, as the case may be, the date upon which the exercise of such option takes effect when, in the case of redemption and subject as provided below, it shall present such Instrument (and any such Receipts and/or Coupons) to itself for payment in accordance with the Terms and Conditions and shall pay such moneys in accordance with the directions of the Holder of the Instrument contained in the relevant redemption notice. In the case of an exercise of any other option, the relevant Paying Agent shall take such steps as may be required to be taken by it in the Terms and Conditions. If, prior to such due date for its redemption or the date upon which the exercise of such option takes effect, an Event of Default or Restricted Event of Default occurs in respect of such Instrument or if upon due presentation payment of such redemption moneys is improperly withheld or refused, the Paying Agent concerned shall, without prejudice to the exercise of such option, mail such Instrument (together with any such Receipts and/or Coupons) by uninsured post to, and at the risk of, the Holder of the relevant Instrument at such address as may have been given by such Holder in the relevant redemption notice.
9.3 9.03 At the end of any applicable period for the exercise of such option or, as the case may be, not later than 7 days after the latest date for the exercise of such option in relation to a particular date, each Paying Agent shall promptly notify the Issue and Paying Agent of the principal amount of the Instruments in respect of which such option has been exercised with it together with their serial numbers and the Issue and Paying Agent shall promptly notify such details to the relevant Issuer.
Appears in 1 contract
Samples: Issue and Paying Agency Agreement (Capital One Financial Corp)
Early Redemption and Exercise of Options. 9.1 10.1 If the relevant Issuer intends (other than consequent upon an Event of Default or Restricted Default EventDefault) to redeem all or any of the Instruments prior to their stated maturity date or to exercise any other option under the Terms and Conditions, it shall, not less than 14 days prior to the latest date for the publication of the notice of redemption or of exercise of the relevant Issuer's option required to be given to the Holders of any Instruments, give notice of such intention to the Issue and Paying Fiscal Agent or, in the case of Registered Instruments, the Registrar (copied to the Fiscal Agent) stating the date on which such Instruments are to be redeemed or such option is to be exercised.
9.2 10.2 In respect of any Instruments issued by Eurobank S.A. to which Condition 5.8 6.5 applies or which carries any other right of redemption or other right exercisable at the option of the Holders of such Instruments, the relevant Issuer will provide the Paying Agents (with the exception of Fortis Banque Luxembourg S.A.) or, in the case of Registered Instruments, the Registrar with copies of the form of the current redemption notice or exercise notice and the such Paying Agents or, as the case may be, the Registrar will make available forms of the current redemption notice or exercise notice to Holders of Instruments and the Holders’ Agent (if any) upon request during usual business hours at their respective specified offices. Upon receipt of any Instrument deposited in the exercise of such option, the such Paying Agent or, in the case of Registered Instruments, the Registrar with which such Instrument is deposited shall hold such Instrument (together with, in the case of a Definitive Instrument, any Receipts and/or Coupons relating to it deposited with it) on behalf of the depositing Holder of such Instrument (but shall not, save as provided below, release it) until the due date for redemption of the relevant Instrument consequent upon the exercise of such option, or, as the case may be, the date upon which the exercise of such option takes effect when, in the case of redemption and subject as provided below, it shall present such Instrument (and any such Receipts and/or Coupons) to itself for payment in accordance with the Terms and Conditions and shall pay such moneys in accordance with the directions of the Holder of the Instrument contained in the relevant redemption notice. In the case of an exercise of any other option, the relevant Paying Agent or, in the case of Registered Instruments, the Registrar, shall take such steps as may be required to be taken by it in the Terms and Conditions. If, prior to such due date for its redemption or the date upon which the exercise of such option takes effect, an Event of Default or Restricted Event of Default occurs in respect of such Instrument or if upon due presentation payment of such redemption moneys is improperly withheld or refused, the Paying Agent concerned or, as the case may be, the Registrar shall, without prejudice to the exercise of such option, mail such Instrument (together with any such Receipts and/or Coupons) by uninsured post to, and at the risk of, the Holder of the relevant Instrument at such address as may have been given by such Holder in the relevant redemption notice.
9.3 10.3 At the end of any applicable period for the exercise of such option or, as the case may be, not later than 7 days after the latest date for the exercise of such option in relation to a particular date, in relation to Bearer Instruments each Paying Agent (with the exception of Fortis Banque Luxembourg S.A.) shall promptly notify the Issue and Paying Fiscal Agent of the principal amount of the Instruments in respect of which such option has been exercised with it together with their serial numbers and the Issue and Paying Fiscal Agent shall promptly notify such details to the relevant Issuer.
10.4 At the end of any applicable period for the exercise of such option or, as the case may be, not later than 7 days after the latest date for the exercise of such option in relation to a particular date, in relation to Registered Instruments, the Registrar shall promptly notify the Issuer of the principal amount of the Instruments in respect of which such option has been exercised together with their serial numbers.
Appears in 1 contract
Samples: Issue and Paying Agency Agreement
Early Redemption and Exercise of Options. 9.1 If the relevant Issuer intends (other than consequent upon an Event of Default or Restricted Default Event) to redeem all or any of the Instruments prior to their stated maturity date or to exercise any other option under the Terms and Conditions, it shall, not less than 14 days prior to the latest date for the publication of the notice of redemption or of exercise of the relevant Issuer's option required to be given to the Holders of any Instruments, give notice of such intention to the Issue and Paying Agent stating the date on which such Instruments are to be redeemed or such option is to be exercised.
9.2 In respect of any Instruments issued by Eurobank S.A. to which Condition 5.8 7.8 applies or which carries any other right of redemption or other right exercisable at the option of the Holders of such Instruments, the relevant Issuer will provide the Paying Agents with copies of the form of the current redemption notice or exercise notice and the Paying Agents will make available forms of the current redemption notice or exercise notice to Holders of Instruments and the Bank Holders’ Agent (if anyin the case of Bank Instruments) upon request during usual business hours at their respective specified offices. Upon receipt of any Instrument deposited in the exercise of such option, the Paying Agent with which such Instrument is deposited shall hold such Instrument (together with, in the case of a Definitive Instrument, any Receipts and/or Coupons relating to it deposited with it) on behalf of the depositing Holder of such Instrument (but shall not, save as provided below, release it) until the due date for redemption of the relevant Instrument consequent upon the exercise of such option, or, as the case may be, the date upon which the exercise of such option takes effect when, in the case of redemption and subject as provided below, it shall present such Instrument (and any such Receipts and/or Coupons) to itself for payment in accordance with the Terms and Conditions and shall pay such moneys in accordance with the directions of the Holder of the Instrument contained in the relevant redemption notice. In the case of an exercise of any other option, the relevant Paying Agent shall take such steps as may be required to be taken by it in the Terms and Conditions. If, prior to such due date for its redemption or the date upon which the exercise of such option takes effect, an Event of Default or Restricted Event of Default occurs in respect of such Instrument or if upon due presentation payment of such redemption moneys is improperly withheld or refused, the Paying Agent concerned shall, without prejudice to the exercise of such option, mail such Instrument (together with any such Receipts and/or Coupons) by uninsured post to, and at the risk of, the Holder of the relevant Instrument at such address as may have been given by such Holder in the relevant redemption notice.
9.3 At the end of any applicable period for the exercise of such option or, as the case may be, not later than 7 days after the latest date for the exercise of such option in relation to a particular date, each Paying Agent shall promptly notify the Issue and Paying Agent of the principal amount of the Instruments in respect of which such option has been exercised with it together with their serial numbers and the Issue and Paying Agent shall promptly notify such details to the relevant IssuerIssuer and, if applicable, the Guarantor.
Appears in 1 contract
Samples: Issue and Paying Agency Agreement