Common use of Election to Redeem; Notice to Trustee Clause in Contracts

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 50 contracts

Samples: Indenture (Centerpoint Properties Corp), Indenture (Wyman Gordon Co), Indenture (JDN Realty Corp)

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Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 42 contracts

Samples: Indenture (Midamerican Energy Co), Indenture (Primus Guaranty LTD), Indenture (Midamerican Energy Co)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer's Certificate evidencing compliance with such restriction.

Appears in 29 contracts

Samples: Indenture (Ingersoll Rand Co), Senior Debt Indenture (Kforce Inc), Indenture (WPS Resources Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesCompany, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemedredeemed and shall deliver to the Trustee such documentation and records as shall enable the Trustee to select the Securities to be redeemed pursuant to Section 1103. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 26 contracts

Samples: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc), Indenture (CSC Parent Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 23 contracts

Samples: Indenture (Centennial Puerto Rico Operations Corp), Indenture (Hilfiger Tommy Corp), Indenture (Union Texas Petroleum Holdings Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 19 contracts

Samples: Indenture (Deere John Capital Corp), Indenture (Pse&g Capital Trust Iii), Indenture (Teekay Shipping Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesparticular series and having the same terms, the Company shall, at least 45 not less than 30 nor more than 60 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date date and of the principal amount of Securities of such that series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, the Company shall furnish the Trustee with an Officers' Certificate and an Opinion of Counsel evidencing compliance with such restriction.

Appears in 18 contracts

Samples: Junior Subordinated Indenture (Mellon Capital Iii), Junior Subordinated Indenture (PCC Capital I), Junior Subordinated Indenture (First Bank System Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 14 contracts

Samples: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 30 and not more than 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 13 contracts

Samples: Senior Debt Indenture (Interpublic Group of Companies Inc), Senior Debt Indenture (Radio One Licenses LLC), Senior Debt Indenture (Regent Broadcasting Midwest Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 11.4 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 10 contracts

Samples: Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc), Indenture (Viasat Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee Trustee, in writing, of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate and Opinion of Counsel evidencing compliance with such restriction.

Appears in 10 contracts

Samples: Indenture (Provident Companies Inc /De/), Indenture (Provident Companies Inc /De/), Indenture (Bugaboo Creek Holdings Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount and the tenor and terms of the Debt Securities of such any series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 10 contracts

Samples: Indenture (Bremer Financial Corporation), Indenture (Wells Fargo & Co/Mn), Indenture (Wells Fargo & Co/Mn)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer’s Certificate evidencing compliance with such restriction.

Appears in 9 contracts

Samples: Indenture (Susquehanna Bancshares Inc), Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date Date, of the tenor, if applicable, of the Securities to be redeemed, and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 9 contracts

Samples: Subordinated Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), Indenture (R H Donnelley Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 10 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer’s Certificate evidencing compliance with such restriction.

Appears in 9 contracts

Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

Election to Redeem; Notice to Trustee. The election of the Company Partnership to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company Partnership of less than all of the Securities of any series, the Company Partnership shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company Partnership shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 9 contracts

Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Summit Properties Partnership L P)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 9 contracts

Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 11.04 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 8 contracts

Samples: Indenture (Camden Property Trust), Indenture (Metropolitan Mortgage & Securities Co Inc), Indenture (Terra Capital Group)

Election to Redeem; Notice to Trustee. The election of the Company Issuer to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company Issuer of less than all of the Securities of any series, the Company Issuer shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Issuer (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company Issuer shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 8 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 8 contracts

Samples: Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Indenture (Jefferies Group LLC)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date Date, of the tenor, if applicable, of the Securities to be redeemed, and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 8 contracts

Samples: Indenture (Avon Products Inc), Indenture (Pitney Bowes Credit Corp), Indenture (Solutia Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 30 and not more than 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be reasonably satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 8 contracts

Samples: Senior Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)

Election to Redeem; Notice to Trustee. The election of the Company Issuer to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company Issuer of less than all of the Securities of any series, the Company Issuer shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company Issuer shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 8 contracts

Samples: Indenture (Evans Withycombe Residential Lp), Indenture (Evans Withycombe Residential Lp), Indenture (Duke Realty Investments Inc)

Election to Redeem; Notice to Trustee. (a) The election of the Company to redeem any Securities shall will be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesCompany, the Company shallwill, at least 45 60 calendar days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall will furnish the Trustee with an Officers' Officer's Certificate evidencing compliance with such restriction.

Appears in 6 contracts

Samples: Indenture (Mercury Finance Co), Indenture (Mercury Finance Co), Indenture (MFN Financial Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of like tenor of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 6 contracts

Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy Inc), Indenture (Teco Energy Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 6 contracts

Samples: Indenture (Worldcom Inc /Ga/), Indenture (Worldcom Inc /Ga/), Indenture (Pep Boys Manny Moe & Jack)

Election to Redeem; Notice to Trustee. The election of the ------------------------------------- Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 30 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' a Company Certificate evidencing compliance with such restriction.

Appears in 5 contracts

Samples: Indenture (Security Capital Group Inc/), Indenture (Security Capital Group Inc/), Indenture (McLeodusa Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board ResolutionCompany Order. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shallCompany, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), shall notify the Trustee of such Redemption Date Date, of the tenor and terms of the Securities of such series to be redeemed and of the principal amount of such Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture Regarding Senior Securities (Mercantile Bancorporation Inc), Indenture (Mercantile Bancorporation Inc), Indenture Regarding Subordinated Securities (Mercantile Bancorporation Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesparticular series and having the same terms, the Company shall, at least 45 not less than 30 nor more than 60 days prior to the giving of the notice of date fixed for redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date date and of the principal amount of Securities of such that series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, the Company shall furnish the Trustee with an Officers' Certificate and an Opinion of Counsel evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Liberty Financial Capital Trust Ii), Junior Subordinated Indenture (Hartford Financial Services Group Inc/De), Junior Subordinated Indenture (Sierra Pacific Resources Capital Trust Ii)

Election to Redeem; Notice to Trustee. The Unless otherwise provided with respect to the Securities of a series as contemplated by Section 301, the election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesCompany, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture (Viking International LTD), Indenture (Viking International LTD), Indenture (Aviall Services Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date Date, of the tenor, if applicable, of the Securities to be redeemed, and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture (Avon Products Inc), Indenture (International Lease Finance Corp), Indenture (Retirement Inns of America, Inc.)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board ResolutionResolution or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Trust Indenture (Cinergy Corp), Indenture (Union Light Heat & Power Co), Indenture (Cinergy Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall will be evidenced by a Company Order or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesDebt Securities, the Company shallwill, at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice will be satisfactory to the Trustee, but in any event not less than 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the TrusteeRedemption Date), notify the Trustee of such Redemption Date and of the principal amount of Debt Securities of such series to be redeemed. In the case of any redemption of Debt Securities (i) prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture or (ii) in accordance with an election of the Company that is subject to a condition specified in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall will furnish to the Trustee with an Officers' Certificate evidencing compliance with such restrictionrestriction or condition.

Appears in 4 contracts

Samples: Indenture (City Holding Co), Indenture (City Holding Co), Indenture (City Holding Co)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any seriesseries pursuant to Section 13.3, the Company shall, at least 45 30 days prior to before the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Debt Securities of such series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restrictionrestrictions.

Appears in 4 contracts

Samples: Indenture (Metro-Goldwyn-Mayer Inc), Indenture (MGM Grand Inc), Indenture (Biloxi Casino Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption referred to in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Debt Securities of such series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date Date, of the tenor, if applicable, of the Securities to be redeemed, and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of all or less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Subordinated Indenture (Liberty Property Limited Partnership), Senior Indenture (Liberty Property Limited Partnership), Indenture (Liberty Property Limited Partnership)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer’s Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture (Aqua America Inc), Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer's Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture (Intermagnetics General Corp), Indenture (Intermagnetics General Corp), Indenture (Top Tankers Inc.)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption referred to in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In the case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 4 contracts

Samples: Indenture (Semco Capital Trust Iii), Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount and the tenor and terms of the Debt Securities of such any series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Wejo Group LTD), Indenture (Brickell Biotech, Inc.), Indenture (Century Casinos Inc /Co/)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesparticular series and having the same terms, the Company shall, at least 45 not less than 30 nor more than 60 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date date and of the principal amount of Securities of such that series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, the Company shall furnish the Trustee with an Officers' Certificate and an Opinion of Counsel evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Silicon Valley Bancshares)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesand having the same terms, the Company shall, at least 45 not less than 30 nor more than 60 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, the Company shall furnish the Trustee with an Officers' Certificate and an Opinion of Counsel evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Debt Securities of such series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc), Indenture (Tandy Corp /De/)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesSeries, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 11.04 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series Series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership), Indenture Agreement (Boston Properties LTD Partnership)

Election to Redeem; Notice to Trustee. The election of the Company Trust to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company Trust of less than all of the Securities of any series, the Company Trust shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company Trust shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (American Industrial Properties Reit Inc), Indenture (Washington Real Estate Investment Trust), Indenture (United Dominion Realty Trust Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In the case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days five Business Days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities of any series prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (American Assets Trust, L.P.), Supplemental Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice notice, but not less than 30 days, shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (PHH Corp), Indenture (PHH Corp), Indenture (PHH Corp)

Election to Redeem; Notice to Trustee. The election of ------------------------------------- the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Federal Realty Investment Trust), Indenture (Airgas Inc), Indenture (NVR Inc)

Election to Redeem; Notice to Trustee. The election of ------------------------------------- the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Worldcom Inc /Ga/), Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less fewer than all of the Securities of any series, or any Tranche thereof, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer's Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any series of Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, not less than 30 days (or, if the Trustee is to give notice at least the request of the Company, 45 days) nor more than 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice period shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of all or less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of date fixed for redemption by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall 49 be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)

Election to Redeem; Notice to Trustee. The Unless otherwise provided with respect to the Securities of a series as contemplated by Section 301, the election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (HCC Insurance Holdings Inc/De/), Indenture (Landrys Seafood Restaurants Inc), Indenture (Landrys Seafood Restaurants Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities at the election of the Company prior to the expiration of any restriction on such redemption redemptions provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Wachovia Corp/ Nc), Indenture (Georgia Pacific Corp), Indenture (Georgia Pacific Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by by, or pursuant to to, a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of date fixed for redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date redemption date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Dean Foods Co/), Indenture (Dean Illinois Dairies, LLC), Indenture (Model Dairy, LLC)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any seriesseries pursuant to Section 13.03, the Company shall, at least 45 days prior to before the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Debt Securities of such series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restrictionrestrictions.

Appears in 3 contracts

Samples: Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp), Indenture (Park Place Entertainment Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 3 contracts

Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.)

Election to Redeem; Notice to Trustee. The election of the Company Issuer to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company Issuer of less than all of the Securities of any series, the Company Issuer shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the TrusteeTrustee in its sole discretion), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company Issuer shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Mack Cali Realty L P), Indenture (Mack Cali Realty Corp)

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Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption referred to in Section 1104 (unless a shorter notice shall be satisfactory to the Trusteetrustee), notify the Trustee of such Redemption Date and of the principal amount of Debt Securities of such series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days five Business Days prior to the last date for the giving of the notice of such redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction. SECTION 1103.

Appears in 2 contracts

Samples: Indenture (Anadarko Petroleum Corp), Indenture Agreement (Anadarko Petroleum Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 35 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Kroger Co), Indenture (Kroger Co)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date Date, of the tenor, if applicable, of the Securities to be redeemed, and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Teck Metals Ltd.), Indenture (Teck Cominco LTD)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any seriesseries pursuant to Section 13.3, the Company shall, at least 45 30 days prior to before the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Debt Securities of such series to be redeemed. In the case of any redemption of Debt Securities prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restrictionrestrictions.

Appears in 2 contracts

Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the other principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Mead Corp), Indenture (Meadwestvaco Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 35 and not more than 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Senior Debt Indenture (Triarc Companies Inc), Subordinated Debt Indenture (Triarc Companies Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Notes shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities Notes of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in required by Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities Notes of such series to be redeemed. In the case of any redemption of Securities Notes prior to the expiration of any restriction on such redemption provided in the terms of such Securities Notes or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer’s Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Kennametal Inc), Indenture (WPS Resources Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company -57- shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesparticular series and having the same terms, the Company shall, at least 45 not less than thirty (30) nor more than sixty (60) days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date date and of the principal amount of Securities of such that series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, the Company shall furnish the Trustee with an Officers' Certificate and an Opinion of Counsel evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Compass Trust Iii), Junior Subordinated Indenture (Compass Bancshares Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem Securities of any Securities Series shall be evidenced by or pursuant to a resolution of the Board Resolutionof Directors. In case of any redemption at the election of the Company of less than all of the Securities of any seriesCompany, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and of the principal amount of Securities of such series Series to be redeemed. In the case of any redemption of such Securities (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture or (b) that is subject to compliance with any conditions provided for in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing confirming compliance with such restrictionrestriction or conditions.

Appears in 2 contracts

Samples: Indenture (Trustmark Capital Trust I), Indenture (Trustmark Capital Trust I)

Election to Redeem; Notice to Trustee. The election of the ------------------------------------- Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Trinet Corporate Realty Trust Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Deere & Co), Indenture (Deere & Co)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Inco LTD), Indenture (True North Communications Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all or any part of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 11.4 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Sirius Satellite Radio Inc), Indenture (Cd Radio Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less fewer than all of the Securities of any series, or any Tranche thereof, the Company shall, at least 45 15 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer's Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Notes shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities Notes of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in required by Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities Notes of such series to be redeemed. In the case of any redemption of Securities Notes prior to the expiration of any restriction on such redemption provided in the terms of such Securities Notes or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)

Election to Redeem; Notice to Trustee. The election of the Company Partnership to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company Partnership of less than all of the Securities of any series, the Company shallPartnership will notify the Trustee, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a or such shorter notice shall be period as is satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the aggregate principal amount and series of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company Partnership shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Heritage Property Investment Trust Inc), Indenture (Bradley Operating L P)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (Southwest Gas Corp), Indenture (Dole Food Co Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any series of Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, not less than 30 days (or, if the Trustee is to give notice at least the request of the Company, 45 days) nor more than 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date Date, and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Subordinated Note Indenture (Avnet Inc), Senior Note Indenture (Avnet Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Senior Debt Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the The Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Senior Debt Securities of such series to be redeemed and, if applicable, the tenor of the Senior Debt Securities to be redeemed. In the case of any redemption of Senior Debt Securities of any series prior to the expiration of any restriction on provision restricting such redemption provided in the terms of such Senior Debt Securities or elsewhere in this Senior Debt Securities Indenture, the Company shall furnish the Trustee with respect to such Senior Debt Securities with an Officers' Officer’s Certificate evidencing compliance with or waiver of such restrictionprovision.

Appears in 2 contracts

Samples: Indenture Agreement (Lloyds TSB Bank PLC), Indenture (Royal Bank of Scotland Group PLC)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board General Partner Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' a General Partner Certificate evidencing compliance with such restriction.

Appears in 2 contracts

Samples: Indenture (FNB Corp/Fl/), Indenture (FNB Financial Services, LP)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board ResolutionResolution and Company Order. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Ambac Financial Group Inc)

Election to Redeem; Notice to Trustee. (a) The election of the Company to redeem any Securities shall will be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shallwill, at least 45 60 calendar days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall will furnish the Trustee with an Officers' Officer's Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Dow Corning Corp)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all or any part of the Securities of any seriesSecurities, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 11.04 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Internet Capital Group Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including coupons, if any, shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesCompany, the Company shall, at least 45 days but not more than 60 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee Trustee, in writing, of such Redemption Date Date, Redemption Price and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureIndenture or pursuant to an election of the Company which is subject to a condition specified in the terms of such Securities, the Company shall furnish the Trustee with an Officers' Certificate and Opinion of Counsel evidencing compliance with such restrictionrestriction or condition.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesSecurities, the Company shall, at least 45 30 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee, and in the case of Securities of a series held by a Trust, the Property Trustee under the related Trust Agreement, of such Redemption Date date and of the principal amount of Securities of such that series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, the Company shall furnish the Trustee with an Officers' Certificate and an Opinion of Counsel evidencing compliance with such restriction.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Pennsylvania Power & Light Co /Pa)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by a Board Resolution or by an action taken pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in -115- 126 this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Ubs Americas Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restrictionrestriction or condition.

Appears in 1 contract

Samples: Indenture (Atlas Air Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board ResolutionResolution or in another manner specified as contemplated by Section 3.01 for such Securities. In case of any redemption at the election of the Company of less than all of the Securities of any seriesseries (including any such redemption affecting only a single Security), the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and Date, of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Canadian National Railway Co)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all or any part of the Securities of any seriespursuant to Section 10.01, the Company shall, at least 45 days prior ----- to the giving of the notice of redemption in Section 1104 10.04 (unless a shorter ----- notice shall be satisfactory to the Trustee), notify the Trustee of such the Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Interliant Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesCompany, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemedredeemed and shall deliver to the Trustee such documentation and records as shall enable the Trustee to select the Securities to be redeemed pursuant to Section 1103. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish to the Trustee with an Officers' Officer's Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Husky Energy Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any a series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Officer’s Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Sasol Financing USA LLC)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any seriesparticular series and having the same terms, the Company shall, at least 45 not less than 30 nor more than 60 days prior to the giving of the notice of redemption in Section 1104 Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date date and of the principal amount of Securities of such that series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, the Company shall furnish the Trustee with an Officers' Officer's Certificate and an Opinion of Counsel evidencing compliance with such restriction.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Banknorth Capital Trust Ii)

Election to Redeem; Notice to Trustee. The election of ------------------------------------- the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption reedemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (NVR Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board Resolution. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date Date, of the tenor, if applicable, of the Securities to be redeemed, and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Teledyne Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board ResolutionResolution and Company Order. In case of any redemption at the election of the Company of all or less than all of the Securities of any series, the Company shall, at least 45 15 days prior to the giving mailing of the notice of redemption in Section 1104 (unless a shorter notice shall be satisfactory to the Trustee)) to each Holder of Securities, notify the Trustee of such the Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Ambac Financial Group Inc)

Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be evidenced by or pursuant to a Board ResolutionResolution or Company order. In case of any redemption at the election of the Company of less than all of the Securities of any series, the Company shall, at least 45 60 days prior to the giving of Redemption Date fixed by the notice of redemption in Section 1104 Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Securities of such series to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

Appears in 1 contract

Samples: Indenture (Norfolk Southern Corp)

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