Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 29 contracts
Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Indenture (Pioneer Energy Services Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by a Company Resolution or pursuant to a Board Resolution an Officers’ Certificate of the Company or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 15 days prior to the Redemption Date fixed by date any notice of a redemption is to be given to the Company Holders pursuant to Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers’ Certificate of the Company evidencing compliance with such restriction or conditionrestriction.
Appears in 16 contracts
Samples: Indenture (Blue Owl Capital Inc.), Subordinated Indenture (Royalty Pharma Holdings Ltd.), Indenture (KKR & Co. Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including interest coupons, if any, that, at the time of such election, may be redeemed at the option of the Company, shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any such redemption at the election of the Company of less than all the Securities or interest coupons, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 15 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (unless all of the Securities of a specified tenor are to be redeemed). In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 13 contracts
Samples: Indenture (Global Signal Inc), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Indenture (Global Signal Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of in the tenor of event that the Company shall determine that the Securities of any series to be redeemedredeemed shall be selected from Securities of such series having the same issue date, interest rate or interest rate formula, Stated Maturity and other terms (the “Equivalent Terms”), the Company shall notify the Trustee of such Equivalent Terms. In the case of any redemption of Securities (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bB) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish to the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 12 contracts
Samples: Indenture (Hunt J B Transport Services Inc), Indenture (Annaly Capital Management Inc), Indenture (KKR Financial Holdings LLC)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days at least 5 Business Days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b2) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securitiesthe Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemption.
Appears in 11 contracts
Samples: Indenture (Laredo Midstream Services, LLC), Indenture (Burleson Water Resources, LLC), Indenture (SN Cotulla Assets, LLC)
Election to Redeem; Notice to Trustee. The election of the Company Corporation to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities. In case of any redemption at the election of the Company Corporation of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company Corporation shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company Corporation (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) pursuant to an election of the Company Corporation which is subject to a condition specified in the terms of such Securities, the Company Corporation shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 11 contracts
Samples: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/)
Election to Redeem; Notice to Trustee. The right of the Company to elect to redeem any Securities of any series shall be set forth in the terms of such Securities of such series established in accordance with Section 3.1. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of and shall deliver to the tenor of Trustee such documentation and records as shall enable the Trustee to select the Securities to be redeemedredeemed pursuant to Section 11.3. In the case of any redemption of 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) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 10 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Election to Redeem; Notice to Trustee. The election of the Company or Parent Guarantor to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company or Parent Guarantor of less than all the Securities of any series in whole or in part (including any such redemption affecting only a single Security), the Company or Parent Guarantor shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company or the Parent Guarantor (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 9 contracts
Samples: Indenture (Anheuser-Busch InBev SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 3.01 for such Securities. In Except as otherwise established in or pursuant to a Board Resolution or an Officer’s Certificate 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 10 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 9 contracts
Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (EyePoint Pharmaceuticals, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company Corporation to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Corporation, the Company Corporation shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company Corporation (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bB) pursuant to an election of the Company Corporation which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Corporation shall furnish the Trustee with an Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 8 contracts
Samples: Subordinated Indenture (Sce Trust I), Senior Indenture (Eix Trust Iii), Indenture (Commerce Group Inc /Ma)
Election to Redeem; Notice to Trustee. The right of the Company to elect to redeem any Securities of any series shall be set forth in the terms of such Securities of such series established in accordance with Section 3.1. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least five days prior to the Redemption Date fixed by delivery of the Company notice of redemption pursuant to Section 11.4 (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 and, if applicable, of and shall deliver to the tenor of Trustee such documentation and records as shall enable the Trustee to select the Securities to be redeemedredeemed pursuant to Section 11.3. In the case of any redemption of 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) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 8 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 8 contracts
Samples: Indenture (Corning Finance B V), Subordinated Debt Indenture (Key3media Group Inc), Indenture (Goldman Sachs Group Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including coupons, if any, shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any redemption at the election of the Company of less than all the Securities or coupons, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 8 contracts
Samples: Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc), Indenture (Fidelity National Information Services, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 7 contracts
Samples: Subordinated Indenture (Duke Power Co /Nc/), Indenture (Texas Eastern Transmission Corp), Indenture (Ugly Duckling Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesOfficers' Certificate. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (b) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 7 contracts
Samples: Indenture (Monsanto Co), Indenture (Integrated Circuit Systems Inc), Indenture (Monsanto Co)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including interest coupons, if any, that, at the time of such election, may be redeemed at the option of the Company, shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any such redemption at the election of the Company of less than all the Securities or interest coupons, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 6 contracts
Samples: Subordinated Indenture (Mapco Inc), Subordinated Indenture (Mapco Inc), Subordinated Indenture (Eastern Environmental Services Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by a Company Resolution or pursuant to a Board Resolution an Officer’s Certificate of the Company or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 15 days prior to the Redemption Date fixed by date any notice of a redemption is to be given to the Company Holders pursuant to Section 1104 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Certificate of the Company evidencing compliance with such restriction or conditionrestriction.
Appears in 6 contracts
Samples: Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.), Indenture (Lument Finance Trust, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company Corporation to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Corporation, the Company Corporation shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company Corporation (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company Corporation which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Corporation shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 6 contracts
Samples: Senior Indenture (Duke Capital Financing Trust Iii), Subordinated Indenture (Duke Energy Corp), Subordinated Indenture (Duke Capital Financing Trust Iii)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated evidenced by Section 3.01 for such Securitiesan Officer's Certificate. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of the tenor of the Securities to be redeemed, 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 of any series (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 5 contracts
Samples: Indenture (Viacom International Inc /De/), Indenture (Viacom Inc), Indenture (Viacom International Inc /De/)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securitiesany Officers' Certificate. In the case of any redemption at the election of the Company of less than all the Securities Securities, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 5 contracts
Samples: Indenture (Icos Corp / De), Indenture (Icos Corp / De), Indenture (Esterline Technologies Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days at least 5 Business Days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b2) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securitiesthe Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 5 contracts
Samples: Indenture (Laredo Petroleum - Dallas, Inc.), Indenture (Laredo Petroleum Holdings, Inc.), Indenture (Vitamin Shoppe, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution Company Order or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 45 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 5 contracts
Samples: Indenture (Lear Corp), Subordinated Indenture (Lear Corp), Indenture (Lear Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 5 contracts
Samples: Indenture (Arch Coal Inc), Indenture (Northrop Grumman Corp /De/), Indenture (Arch Coal Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 30 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory agreed to in writing by the Trustee), notify the Trustee in writing of such Redemption Date, of the principal amount of Securities of such that series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) pursuant to an election of the Company which that is subject to a condition specified in the terms of such those Securities, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or conditioncondition and if requested by the Trustee under Section 9.2(b) hereof, an Opinion of Counsel.
Appears in 5 contracts
Samples: Indenture (Mohawk Industries Inc), Indenture (Mohawk Industries Inc), Indenture (Sally Beauty Holdings, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company Issuers to redeem any Securities shall be established in or pursuant to a Board Resolution of each Issuer or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company Issuers of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company Issuers shall, not less than 35 nor more than 60 days at least five Business Days prior to the Redemption Date fixed by the Company Issuers (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b2) pursuant to an election of the Company which Issuers that is subject to a condition specified in the terms of such Securitiesthe Securities of the series to be redeemed, the Company Issuers shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 5 contracts
Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Energy Lp), Indenture (Genesis Free State Holdings, LLC)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including coupons, if any, shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any redemption at the election of the Company of less than all the Securities or coupons, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 5 contracts
Samples: Indenture (Fidelity National Title Group, Inc.), Indenture (Southwestern Energy Co), Indenture (Southwestern Energy Co)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 4 contracts
Samples: Indenture (Marathon Financing Trust I), Indenture (Marathon Oil Corp), Indenture (Marathon Oil Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or an Officer’s Certificate 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 4 contracts
Samples: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (American Public Education Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify an Officers’ Certificate notifying the Trustee in writing of such Redemption Date, Date and of the principal amount of Securities of such series to be redeemed redeemed, and, if applicable, of the tenor of the Securities to be redeemed, 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 (a) 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, or (b) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.”
Appears in 4 contracts
Samples: Second Supplemental Indenture (Oxford Lane Capital Corp.), Third Supplemental Indenture (Oxford Square Capital Corp.), First Supplemental Indenture (Oxford Lane Capital Corp.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securitiesan Officer’s Certificate. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be is 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 and, if applicable, of the tenor of the Securities or Tranche to be redeemed. In the case of any redemption of 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) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securities, Securities the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 4 contracts
Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of and shall deliver to the tenor of Trustee such documentation and records as shall enable the Trustee to select the Securities to be redeemedredeemed pursuant to Section 1103. In the case of any redemption of 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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 4 contracts
Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 4 contracts
Samples: Subordinated Indenture (GreenHunter Energy, Inc.), Subordinated Indenture (Magnum Hunter Resources Corp), Indenture (Magnum Hunter Resources Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 or Parent Guarantor of less than all the Securities of any series in whole or in part (including any such redemption affecting only a single Security), the Company or Parent Guarantor shall, not less than 35 nor more than 60 days at least 5 Business Days prior to the Redemption Date fixed by date that the Company notice of redemption pursuant to Section 1104 is to be given to Holders (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate and an Opinion of Counsel, each in accordance with Section 102 hereof, evidencing compliance with such restriction or condition. Any election to redeem Securities will be revocable until the Company gives a notice of redemption pursuant to Section 1104 hereof to the Holders of Securities to be redeemed.
Appears in 4 contracts
Samples: Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated evidenced by Section 3.01 for such Securitiesan Officer’s Certificate. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of the tenor of the Securities to be redeemed, 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 of any series (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 4 contracts
Samples: Indenture (CBS Corp), Indenture Agreement (CBS Operations Inc.), Senior Subordinated Indenture (CBS Operations Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 30 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Westwater Resources, Inc.), Indenture (Marvell Technology Group LTD), Indenture (Marvell Technology Group LTD)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by a Certified Resolution or pursuant to a Board Resolution an Officer’s Certificate or in another manner specified as contemplated by Section 3.01 3.1 for such Securities. In Unless specified otherwise in a Supplemental Indenture or Officer’s Certificate, in case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 15 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Chevron Corp), Indenture (Chevron Usa Inc), Indenture (Chevron Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of (a) less than all of the Securities of any series or (including b) all of the Securities of any such redemption affecting only a single Security)series, with the same interest rate, Stated Maturity and other terms, the Company shall, not less than 35 nor more than 60 at least 30 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date, Date and of the principal amount (or in the case of Original Issue Discount Security, the original issue 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 (a) prior to the expiration of any restriction restrictions on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b) 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 Officer’s Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 3 contracts
Samples: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including coupons, if any, shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any redemption at the election of the Company of less than all the Securities or coupons, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture Agreement (Public Service Co of North Carolina Inc), Indenture (Public Service Co of North Carolina Inc), Indenture (Public Service Co of North Carolina Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 3.1 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.)
Election to Redeem; Notice to Trustee. The election of the ------------------------------------- Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securitiesan Officers' Certificate. In the case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this IndentureSecurities, or (b) pursuant to an election of the Company which is subject to a condition specified in the terms of at such Securities, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Farmland Industries Inc), Indenture (St Paul Bancorp Inc), Indenture (St Paul Bancorp Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by a Company Resolution or pursuant to a Board Resolution an Officers’ Certificate of the Company 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 15 days prior to the Redemption Date fixed by date any notice of a redemption is to be given to the Company Holders pursuant to Section 11.04 (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers’ Certificate of the Company evidencing compliance with such restriction or conditionrestriction.
Appears in 3 contracts
Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.), Indenture (Carlyle Group L.P.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Senior Indenture (Alpha Natural Resources, Inc.), Senior Indenture (Massey Energy Co), Indenture (Energy Transport CO)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the 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 redeemed, and, if applicable, of the tenor of the Securities to be redeemed, 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 (a) 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, or (b) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 3 contracts
Samples: Indenture (Main Street Capital CORP), Indenture (Main Street Capital CORP), Indenture (Medley Capital Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Apple Inc.), Indenture (Apple Inc.), Indenture (Apple Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including coupons, if any, shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securitiesa Company Order. In the case of any redemption at the election of the Company of less than all the Securities or coupons, if any, of any series (including any such redemption affecting only a single Security)having the same terms, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Amr Corp), Indenture (American Airlines Inc), Indenture (Amr Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 3 contracts
Samples: Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Subordinated Debt Indenture (Jefferies Group Capital Finance Inc.), Senior Debt Indenture (Jefferies Group Capital Finance Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securitiesany Officers' Certificate. In the case of any redemption at the election of the Company of less than all the Securities Securities, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (At&t Wireless Services Inc), Indenture (Esterline Technologies Corp), Indenture (At&t Wireless Services Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate and Opinion of Counsel evidencing compliance with such restriction or conditionrestriction.
Appears in 3 contracts
Samples: Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 30 days nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b2) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securitiesthe Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Horsehead Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b2) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securitiesthe Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Enflex Corp), Indenture (CVG Oregon, LLC), Indenture (CVG Oregon, LLC)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution Company Order or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 10 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (NMI Holdings, Inc.), Indenture (NMI Holdings, Inc.), Indenture (General Electric Co)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the 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 redeemed, and, if applicable, of the tenor of the Securities to be redeemed, 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 (a) 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, or (b) 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 Officer’s Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 3 contracts
Samples: Indenture (PennantPark Floating Rate Capital Ltd.), Indenture (Medallion Financial Corp), Indenture (Pennantpark Investment Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 3 contracts
Samples: Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp), Indenture (Arizona Public Service Co)
Election to Redeem; Notice to Trustee. The election of the Company Corporation to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Corporation, the Company Corporation shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company Corporation (unless a shorter notice shall be satisfactory to the TrusteeTrustee in its sole and absolute discretion), notify the Trustee of such Redemption 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 (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bB) pursuant to an election of the Company Corporation which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Corporation and the Guarantor shall each furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with any such restriction or conditioncondition applicable to it.
Appears in 3 contracts
Samples: Senior Indenture (Sempra Energy Global Enterprises), Senior Indenture (Sempra Energy), Senior Indenture (Sempra Energy Global Enterprises)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days at least 5 Business Days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b2) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securitiesthe Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemption.
Appears in 2 contracts
Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the 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 redeemed, and, if applicable, of the tenor of the Securities to be redeemed, 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 (a) 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, or (b) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 2 contracts
Samples: Indenture (Medley LLC), Indenture (Medley LLC)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated evidenced by Section 3.01 for such Securitiesan Establishment Action. In case of any redemption at the election of the Company of all or less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Hancock Holding Co), Indenture (Hancock Holding Co)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Helix Energy Solutions Group Inc), Indenture (Rex Energy I, LLC)
Election to Redeem; Notice to Trustee. The election of the Company Corporation to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Corporation, the Company Corporation shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company Corporation (unless a shorter notice shall be satisfactory to the TrusteeTrustee in its sole and absolute discretion), notify the Trustee of such Redemption 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 (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bB) pursuant to an election of the Company Corporation which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Corporation shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Senior Indenture (Sempra Energy), Senior Indenture (San Diego Gas & Electric Co)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities redeemable at the election of the Company shall be established in evidenced by, or pursuant to authority granted by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (b) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by giving of the Company 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 andand the Redemption Price of such Securities and any accrued interest and Additional Amounts payable with respect thereto, if applicableany, of on the tenor of the Securities to be redeemedRedemption Date. In the case of any redemption of Securities (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (b) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate and Opinion of Counsel evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Connecticut Southern Railroad Inc), Indenture (Connecticut Southern Railroad Inc)
Election to Redeem; Notice to Trustee. The election of the ------------------------------------- Company to redeem any Securities Securities, including coupons, if any, shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any redemption at the election of the Company of less than all the Securities or coupons, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securities, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Acterna Corp), Subordinated Indenture (Acterna Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 at least fifteen (15) days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 nor more than 60 at least forty-five (45) days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bB) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Company, prior to the giving of any notice of redemption to Holders pursuant to this Section, shall furnish the Trustee with an Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Senior Indenture (Maverick Tube Corporation), Senior Indenture (Maverick Tube Corporation)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 30 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 2 contracts
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the TrusteeTrustee and provided, notice may be given more than 60 days prior to a redemption date if the notice is issued in connection with Articles IV or XIII), notify the Trustee of such Redemption 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 (a1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b2) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Investar Holding Corp), Indenture (Investar Holding Corp)
Election to Redeem; Notice to Trustee. The election of the issuing Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or an Officers’ Certificate or in another manner specified as contemplated by Section 3.01 for such Securities. In case of any redemption at the election of the issuing Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the such Company shall, not less than 35 nor more than 60 at least 10 days prior to the Redemption Date fixed by the such Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date, of the principal amount of Securities of such series to be redeemed redeemed, and, if as applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of 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) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 2 contracts
Samples: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 SECTION 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (unless all of the Securities of a specified tenor are to be redeemed). In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Encysive, L.P.), Indenture (Mission E&p Limited Partnership)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securitiesany Officers' Certificate. In the case of any redemption at the election of the Company of less than all the Securities Securities, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) pursuant to an election of the Company which that is subject to a condition specified in the terms of such Securities, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Robbins & Myers Inc), Indenture (Robbins & Myers Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of and shall deliver to the tenor of Trustee such documentation and records as shall enable the Trustee to select the Securities to be redeemedredeemed pursuant to Section 1103. In the case of any redemption of Securities (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (b) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition, as the case may be.
Appears in 2 contracts
Samples: Subordinated Indenture (Complete Management Inc), Senior Indenture (Complete Management Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301(7) for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers’ Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 15 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption 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 (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) 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 Officer’s Certificate evidencing compliance with such restriction or conditionrestriction. The Trustee is permitted to accept the Company’s direction regarding redemptions, notwithstanding anything to the contrary in this Indenture, and the Trustee shall have no liability for any action taken at the Company’s direction.
Appears in 2 contracts
Samples: 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 established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than at least 35 nor more than 60 days prior to the Redemption Date fixed by the 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 redeemed, and, if applicable, of the tenor of the Securities to be redeemed, 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 11.03. In the case of any redemption of Securities (a) 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, or (b) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 2 contracts
Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities of any Series shall be established in or pursuant to evidenced by a Board Resolution or set forth in another manner specified as contemplated an Officers' Certificate which states that such election has been duly authorized by Section 3.01 for such Securitiesall requisite corporate action on the part of the Company. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security), Series the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless un- less 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 andthe Series or the several Series, if applicableas the case may be, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (a) prior to the expiration of any restriction restric- tion on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesInden- ture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing evi- dencing compliance with such restriction or conditionrestriction. Section 3A.04.
Appears in 2 contracts
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or an Officer’s Certificate 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Flir Systems Inc), Indenture (Rosetta Stone Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by a Board Resolution or by action taken pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities of such series to be redeemed. In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Health Management Associates Inc), Indenture (Health Management Associates Inc)
Election to Redeem; Notice to Trustee. The election of the Company Corporation to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Corporation, the Company Corporation shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company Corporation (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bB) pursuant to an election of the Company Corporation which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Corporation shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Senior Indenture (Sempra Energy Holdings), Subordinated Indenture (Sempra Energy Holdings)
Election to Redeem; Notice to Trustee. The election of the Company or the Guarantor to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company or the Guarantor of less than all the Securities of any series (including any such series, unless the Company or the Guarantor requests that the Trustee give Holders the notice of redemption affecting only a single Security)of Securities to be redeemed pursuant to Section 1105, the Company or the Guarantor shall, not less than 35 nor more than 60 at least 30 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee)Company, notify the Trustee Trustee, in the manner set forth in Section 105, of such Redemption Date, of the aggregate 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 (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) pursuant to an election of the Company or the Guarantor which is subject to a condition specified in the terms of such Securities, the Company shall or the Guarantor shall, at any time prior to the Redemption Date, furnish the Trustee with an OfficerOfficers’ Certificate or a Guarantor’s Certificate Officers’ Certificate, as applicable, and an Opinion of Counsel evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Senior Indenture (Third Point Reinsurance Ltd.), Senior Indenture (Third Point Re (USA) Holding Inc.)
Election to Redeem; Notice to Trustee. The election of the Company Issuer to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company Issuer of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company Issuer shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company Issuer (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 and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bB) pursuant to an election of the Company Issuer which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Issuer shall furnish to the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Notami Hospitals of Louisiana Inc), Indenture (HCA Holdings, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities redeemable at the election of the Company shall be established in evidenced by or pursuant to authority granted by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (b) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Election to Redeem; Notice to Trustee. The election Election of the Company to redeem any Securities of any Series shall be established in or pursuant to evidenced by a Board Resolution or set forth in another manner specified as contemplated an Officers' Certificate which states that such election has been duly authorized by Section 3.01 for such Securitiesall requisite corporate action on the part of the Company. In case of any redemption at the election of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security), Series the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless un- less 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 andthe Series or the several Series, if applicableas the case may be, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (a) prior to the expiration of any restriction restric- tion on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (b) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesInden- ture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing evi- dencing compliance with such restriction or conditionrestriction. Section 3A.04.
Appears in 2 contracts
Samples: Subordinated Indenture (Coastal Corp), Subordinated Indenture (Coastal Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bB) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Subordinated Indenture (Beckman Coulter Inc), Senior Indenture (Beckman Coulter Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bB) pursuant to an election of the Company which that is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Ormat Technologies, Inc.), Indenture (Ipc Holdings LTD)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Securities, including coupons, if any, shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In the case of any redemption at the election of the Company of less than all the Securities or coupons, if any, of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Subordinated Indenture (Conseco Financing Trust X), Subordinated Indenture (Conseco Inc Et Al)
Election to Redeem; Notice to Trustee. The election of -------------------------------------- the Company to redeem any Securities redeemable at the option of the Company shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated evidenced by Section 3.01 for such Securitiesan Officers' Certificate. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee and the Security Registrar of such Redemption Date, Date and 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (National Commerce Bancorporation), Indenture (National Commerce Bancorporation)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, with the same issue date, interest rate, Stated Maturity and other terms, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the 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 and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company Company, which is subject to a condition specified in the terms of such Securities, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Subordinated Indenture (Enbridge Pipelines (Texas Gathering) L.P.), Indenture (Enbridge Liquids Marketing (North Texas) L.P.)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Company Resolution or an Officer’s Certificate 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days 10 Business Days prior to the Redemption Date fixed date the notice of redemption required by the Company Section 11.04 is to be sent (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 2 contracts
Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities redeemable at the election of the Company shall be established in evidenced by, or pursuant to authority granted by, a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election 117 of the Company of less than all of the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of and the tenor of the Securities Tranche to be redeemed. The Company shall also notify the Trustee the clause of this Indenture pursuant to which redemption is to take place. In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Samples: Indenture (Time Warner Telecom Inc)
Election to Redeem; Notice to Trustee. The election of the Company Corporation to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Corporation, the Company Corporation shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company Corporation (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (aA) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bB) pursuant to an election of the Company Corporation which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company Corporation shall furnish the Trustee with an Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities redeemable at the election of the Company shall be established in evidenced by, or pursuant to authority granted by, a Board Resolution or an Officers’ Certificate or in another manner specified as contemplated by Section 3.01 for such SecuritiesSecurities of any series. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than 60 at least 45 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of and the tenor of the Securities Tranche to be redeemed. In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers’ Certificate evidencing compliance with such restriction or condition. The Trustee shall have no obligation to calculate the Redemption Price.
Appears in 1 contract
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 3.01 for such SecuritiesResolution. In case of any redemption at the election option of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (unless all Securities of such series then Outstanding are held by an American General LLC, in which event, at least five Business Days prior to such Redemption Date and, in any case, 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 and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than at least 60 days prior to the Redemption Date fixed by the Company (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 and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (aA) prior to the expiration of any restriction on such -61- redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (bB) pursuant to an election of the Company which that is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s Officers' Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Samples: Indenture (Ipc Holdings LTD)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or Company Order or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 nor less than 30 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) 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 Officer’s Officers' Certificate evidencing compliance with such restriction or conditionrestriction.
Appears in 1 contract
Samples: Indenture (Aegon Funding Corp)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to a Board Resolution or an Officer’s Certificate 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 nor more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (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) pursuant to an election of the Company which is subject to a condition specified in the terms of 40 such Securities, the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Samples: Indenture (Flir Systems Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 for such Securitiesan Officer’s Certificate. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the The Company shall, not less than 35 nor more than 60 at least twenty (20) days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee Trustee, in writing of such Redemption Date, Date and 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 (a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (b) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture (other than the giving of notice of such redemption and the deposit of money for such redemption with the Trustee), the Company shall furnish the Trustee with an Officer’s Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Samples: Indenture (Florida Power & Light Co)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 3.01 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security)Company, the Company shall, not less than 35 nor more than 60 at least forty-five (45) days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption 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 (ai) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (bii) pursuant to an election of the Company which is subject to a condition specified in the terms of such SecuritiesSecurities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution 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 the Securities of any series (including any such redemption affecting only a single Security), the Company shall, not less than 35 forty-five (45) nor more than 60 sixty (60) days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date, of the principal amount of Securities of such series series, or any Tranche thereof, to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of 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) 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 Officer’s 's Certificate evidencing compliance with such restriction or condition.
Appears in 1 contract
Samples: Indenture of Mortgage and Deed of Trust (Aquila Inc)
