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 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, 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an 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 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 301 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, at least 5 Business Days 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
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 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 301 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, at least 5 Business Days 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 (1A) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2B) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish to the Trustee with an 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 9 contracts
Samples: Indenture (Nymagic Inc), Senior Subordinated Indenture (Kb Home), Indenture (Radnor Homes 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 an Officer’s Certificate or in another manner specified as contemplated by Section 301 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, at least 5 Business Days not less than 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 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 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 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, at least 5 Business Days not less than 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 redeemed, the Redemption Price, and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions may If the Redemption Price is not known at the time such notice is to be conditioned upon given, the occurrence actual Redemption Price, calculated as described in the terms of conditions precedent with respect the Securities to be redeemed, will be set forth in an Officers’ Certificate of the Company delivered to the redemptionTrustee no later than two Business Days prior to the Redemption Date.
Appears in 9 contracts
Samples: Indenture (American Italian Pasta Co), Subordinated Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC)
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 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 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 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 301 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, at least 5 Business Days 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
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 evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 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, at least 5 Business Days 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. In case of any redemption at the election of the Company of less than all the Securities of any series, the Company shall, 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 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 (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2ii) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 7 contracts
Samples: Indenture (New Nisource Inc), Indenture (American Water Capital Corp), Indenture (New Nisource 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 evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 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, at least 5 Business Days 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 (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2ii) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 6 contracts
Samples: Subordinated Indenture (Mapco Inc), Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Mapco 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 evidenced by Section 301 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, at least 5 Business Days 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 (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2ii) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an Officers’ Officer's 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 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 or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an 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 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 or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an 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 5 contracts
Samples: Indenture (Allegheny Technologies Inc), Indenture (Arch Coal Inc), Indenture (Northrop Grumman Corp /De/)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities of any series shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any series (including any such redemption affecting only a single Security)particular series, the Company shall, at least 5 Business Days 30 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), Trustee for the Debt Securities of such series) notify the such Trustee by Company Request of such Redemption Date, Date and of the principal amount of Debt Securities of such that series to be redeemed and, if applicable, of and shall deliver to such Trustee such documentation and records as shall enable such Trustee to authorize the tenor of Debt Security Registrar to select the Debt Securities to be redeemedredeemed pursuant to Section 11.3. In the case of any redemption of Debt Securities (1) of any series prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee for Debt Securities of such series with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 5 contracts
Samples: Indenture (American Financial Group Inc), Indenture (American Financial Group Inc), Indenture (American Financial Capital Trust I)
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 301 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, at least 5 Business Days not less than 35 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 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 or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 4 contracts
Samples: Subordinated Indenture (Magnum Hunter Resources Corp), Subordinated Indenture (GreenHunter Energy, Inc.), 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 evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 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)of the same tenor, the Company shall, at least 5 Business Days 60 days (45 days in the case of redemption of all Securities of any series or of any series with the same (i) Stated Maturity, (ii) period or periods within which, price or prices at which and terms and conditions upon which such Securities may or shall be redeemed or purchased, in whole or in part, at the option of the Company or pursuant to any sinking fund or analogous provision or repayable at the option of the Holder and (iii) rate or rates at which the Securities bear interest, if any, or formula pursuant to which such rate or rates accrue (collectively, the "Equivalent Principal Terms")) 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 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 4 contracts
Samples: Indenture Agreement (Dell Computer Corp), Indenture (Seagate Technology Inc), Indenture (Dell Computer 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 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, 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s Certificate and an Opinion of Counsel, each in accordance with Section 102 hereof, evidencing compliance with such restriction or condition. Redemptions may Any election to redeem Securities will be conditioned upon revocable until the occurrence Company gives a notice of conditions precedent with respect redemption pursuant to Section 1104 hereof to the redemptionHolders 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 evidenced by a Certified Resolution or pursuant to a Board Resolution an Officer’s Certificate or in another manner specified as contemplated by Section 301 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 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 (including any Coupons) shall be established in evidenced by a Board Resolution or by an action taken pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 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)Coupons) of any series, the Company shall, at least 5 Business Days 45 days prior to the Redemption Date fixed by the Company (unless the Trustee shall allow a shorter notice shall be satisfactory lesser period of time) deliver to the Trustee), notify Trustee an Officers' Certificate (1) notifying the Trustee of such Redemption Date, Date and of the principal amount of Securities (including any Coupons) of such series to be redeemed and, if applicable, and (2) stating that no defaults in the payment of the tenor interest or Events of Default with respect to the Securities to be redeemed(including any Coupons) of that series have occurred (which have not been waived or cured). In the case of any redemption of Securities (1including any Coupons) prior to the expiration of any restriction on such redemption provided in the terms of such Securities (including any Coupons) or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 3 contracts
Samples: Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Corp), Multiple Series Indenture (Usx Capital Trust I)
Election to Redeem; Notice to Trustee. The Unless otherwise provided with respect to the Securities of a series as contemplated by Section 301, the election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 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, at least 5 five Business Days prior to the Redemption Date fixed by the Company giving of notice of such redemption (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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2b) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions Any notice may be conditioned upon the occurrence of conditions precedent with respect cancelled at any time prior to the redemptionmailing of that notice of redemption to any Holder of any Security of that Series and shall thereupon be void and of no effect.
Appears in 3 contracts
Samples: Indenture (TechnipFMC PLC), Indenture (FMC Technologies Inc), Indenture (FMC Technologies Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Debt Securities of any series shall be established in evidenced by or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all of the Debt Securities of any series (including any such redemption affecting only a single Security)particular series, the Company shall, at least 5 Business Days 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), Trustee for the Debt Securities of such series) notify the such Trustee by Company Request of such Redemption Date, Date and of the principal amount of Debt Securities of such that series to be redeemed and, if applicable, of and shall deliver to such Trustee such documentation and records as shall enable such Trustee to select the tenor of the Debt Securities to be redeemedredeemed pursuant to Section 1103. In the case of any redemption of Debt Securities (1) of any series prior to the expiration of any restriction on such redemption provided in the terms of such Debt Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee for Debt Securities of such series with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 3 contracts
Samples: Indenture (Chiquita Brands International Inc), Indenture (Chiquita Brands International Inc), Indenture (Chiquita Brands International 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 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 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 or pursuant to evidenced by a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 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 shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 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, at least 5 Business Days 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an 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 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 a Board Resolution or in another manner specified as contemplated by Section 301 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 (Helix Energy Solutions Group Inc), Indenture (Rex Energy I, 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 or an Officer’s Certificate or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)
Election to Redeem; Notice to Trustee. The election of the Company Issuer 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 301 for such Securities. In case of any redemption at the election of the Company Issuer of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company Issuer shall, at least 5 Business Days five days prior to the Redemption Date fixed by date the Company notice of redemption is to be given (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 (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2ii) pursuant to an election of the Company that Issuer which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company Issuer shall furnish the Trustee with an Officers’ Officer’s 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 (BlackRock Inc.), Indenture (BlackRock Funding, Inc. /DE)
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 301 3.1 for such Securities. In Unless otherwise specified in the Board Resolution, Officers’ Certificate or a supplemental indenture establishing such series in the manner specified by Section 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, at least 5 Business Days 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the TrusteeTrustee or is specified in the Board Resolution, Officers’ Certificate or supplemental indenture establishing such series), 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 (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2ii) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc)
Election to Redeem; Notice to Trustee. The election of the Company an Issuer to redeem any Securities redeemable at the election of such Issuer shall be established in evidenced by, or made pursuant to authority granted by, a Board Resolution or in another manner specified as contemplated by Section 301 for such SecuritiesResolution. In case of any redemption at the election of the Company an Issuer of less than all the any Securities of any series (including any series, such redemption affecting only a single Security), the Company Issuer shall, at least 5 Business Days 60 days prior to the Redemption Date fixed by the Company such 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 andredeemed. No optional redemption (other than in whole) of any series of Securities shall be made so long as any Event of Default or any event which, if applicableafter notice or lapse of time or both, shall be an Event of the tenor Default shall have occurred and be continuing with respect to such series of the Securities to be redeemedSecurities. In the case of any redemption of Securities (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2ii) pursuant to an election of the Company that an Issuer which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company such Issuer shall furnish the Trustee with an 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 (Upr Capital Co), Indenture (Union Pacific Resources Group 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 301 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ ' Certificate and Opinion of Counsel 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 (Connecticut Southern Railroad Inc), Indenture (Connecticut Southern Railroad 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 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, at least 5 Business Days (a) 40 days prior to the Redemption Date fixed by the Company in the case of a redemption of all of the Securities of any series or (b) 45 days prior to the Redemption Date fixed by the Company in the case of a redemption of less than all of the Securities of any series (in each case 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 2 contracts
Samples: Indenture (Allegheny Energy Inc), Indenture (Allegheny Energy 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 301 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, 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an 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 Issuer to redeem any Securities of any series shall be established in or pursuant to a Board Resolution or in another manner specified as contemplated evidenced by Section 301 for such Securitiesan Officer’s Certificate. In case of any redemption at the election of the Company Issuer of less than all the Securities of any series (including any such redemption affecting only a single Security)series, the Company Issuer shall, at least 5 five Business Days prior to the Redemption Date fixed by the Company date notice of redemption is required to be sent or caused to be sent pursuant to Section 1104 (unless a shorter notice shall be reasonably satisfactory to the TrusteeTrustee for the Securities of such series), notify the such Trustee of such Redemption Date, Date and of the principal amount of Securities of such series to be redeemed andredeemed, if applicable, such notice to be accompanied by a written statement signed by an authorized officer of the tenor Issuer stating that no defaults in the payment of interest or Events of Default with respect to the Securities to be redeemedof that series have occurred (which have not been waived or cured). In the case of any redemption of Securities (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company Issuer shall furnish the Trustee for the Securities of such series with an Officers’ Officer’s Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 2 contracts
Samples: Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited 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 301 301(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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an 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
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 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an 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 (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 or pursuant to evidenced by a Board Manager Resolution or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, at least 5 Business Days not less than forty-five (45) nor more than 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an Officers’ ' Certificate and an Opinion of Counsel evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemption.
Appears in 1 contract
Samples: General Mortgage Indenture (Centerpoint Energy Houston Electric 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 or an Officer’s Certificate or in another manner specified as contemplated by Section 301 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ Officer’s 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 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 301 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, at least 5 Business Days 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee and agreed upon in writing by 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 (1A) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2B) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish to the Trustee with an Officers’ Certificate and Opinion of Counsel evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemption.
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 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, at least 5 Business Days 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 (1A) 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 (2B) pursuant to an election of the Company that is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an 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 1 contract
Samples: Indenture (Ipc Holdings LTD)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities (including any Coupons) shall be established in evidenced by a Board Resolution or by an action taken pursuant to a Board Resolution or in another manner specified as contemplated by Section 301 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)Coupons) of any series, the Company shall, at least 5 Business Days 45 days prior to the Redemption Date fixed by the Company (unless the Trustee shall allow a shorter notice shall be satisfactory lesser period of time) deliver to the Trustee), notify Trustee an Officers' Certificate (1) notifying the Trustee of such Redemption Date, Date and of the principal amount of Securities (including any Coupons) of such series to be redeemed and, if applicable, and (2) stating that no defaults in the payment of the tenor interest or Events of Default with respect to the Securities to be redeemed(including any Coupons) of that series have occurred (which have not been waived or cured). In the case of any redemption of Securities (1including any Coupons) prior to the expiration of any restriction on such redemption provided in the terms of such Securities (including any Coupons) or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 1 contract
Election to Redeem; Notice to Trustee. The Unless otherwise provided with respect to the Securities of a series as contemplated by Section 301, the election of the Company to redeem any Securities shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 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, at least 5 Business Days not later than 35 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2b) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions Any notice may be conditioned upon the occurrence of conditions precedent with respect cancelled at any time prior to the redemptionmailing of that notice of redemption to any Holder of any Security of that series and shall thereupon be void and of no effect.
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 General Partner Resolution or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, at least 5 Business Days not less than forty-five (45) nor more than 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an Officers’ ' Certificate and an Opinion of Counsel evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemption.
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 a Board Resolution or in another manner specified as contemplated by Section 301 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, 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an 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 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 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, at least 5 Business Days 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions , as the case may be conditioned upon the occurrence of conditions precedent with respect to the redemptionbe.
Appears in 1 contract
Samples: Indenture (Knight Ridder 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 301 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, 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an 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 1 contract
Samples: Indenture (Clarksburg Skylark, LLC)
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 made pursuant to authority granted by, a Board Resolution or in another manner specified and an Officers' Certificate as contemplated by Section 301 for such Securities12.13. In case of any redemption at the election of the Company of less than all the any Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, at least 5 Business Days 20 days but no more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify furnish the Trustee with an Officers' Certificate setting forth (a) the clause of such this Indenture pursuant to which the redemption shall occur, (b) the Redemption Date, of (c) the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed, and (d) the Redemption Price. In the case of any redemption of Securities (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2ii) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 1 contract
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Notes pursuant to Section 1201 shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 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)Notes, the Company shall, at least 5 Business Days 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 Notes to be redeemed and, if applicable, and the subsection of the tenor of the Securities this Indenture pursuant to be redeemedwhich redemption shall occur. In the case of (a) any redemption of Securities (1) prior pursuant to subsection 1201(c), the Company shall also furnish to the expiration Trustee at the same time as the notification of any restriction on the Redemption Date, an Officers' Certificate stating that the Company is entitled to effect such redemption provided in and setting forth a statement of facts showing that the terms of such Securities condition or elsewhere in this Indenture, or (2) pursuant conditions precedent to an election the right of the Company that is subject so to redeem have occurred or been satisfied and, (b) in case of a condition specified in the terms of the Securities of the series redemption pursuant to be redeemedsubsection 1201(b), the Company shall furnish to the Trustee with an Officers’ ' Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon stating the occurrence of conditions precedent with respect Redemption Price no later than two Business Days prior to the redemptionRedemption Date.
Appears in 1 contract
Samples: Indenture (Sanmina-Sci 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 301 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, at least 5 Business Days not less than forty-five (45) nor more than 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 (1a) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2b) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an Officers’ Officer’s 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 1 contract
Samples: Bond Indenture, Mortgage, Deed of Trust, Security Agreement (Aquila 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 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, at least 5 five 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an 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 1 contract
Samples: Indenture (SEP Holdings III, LLC)
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 301 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, at least 5 Business Days 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 (1) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2) pursuant to an election of the Company that is subject to a condition specified in the terms of the Securities of the series to be redeemed, the Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon the occurrence of conditions precedent with respect to the redemptionrestriction.
Appears in 1 contract
Samples: Indenture (Carnival 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 301 for -63- 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, at least 5 Business Days 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 (1A) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2B) pursuant to an election of the Company that is subject to a condition specified in the terms of the such Securities of the series to be redeemedor elsewhere in this Indenture, the Company shall furnish the Trustee with an 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 1 contract
Samples: Indenture (Ormat 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 made pursuant to authority granted by, a Board Resolution or in another manner specified as contemplated by Section 301 for such SecuritiesResolution. In case of any redemption at the election of the Company of less than all the any Securities of any series (including any such redemption affecting only a single Security)series, the Company shall, at least 5 Business Days 20 days but no more than 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify furnish the Trustee with an Officers' Certificate setting forth (a) the clause of such this Indenture pursuant to which the redemption shall occur, (b) the Redemption Date, of (c) the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed, and (d) the Redemption Price. In the case of any redemption of Securities (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, or (2ii) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 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 301 3.1 for such Securities. In Unless otherwise specified in the Board Resolution, Officers' Certificate or a supplemental indenture establishing such series in the manner specified by Section 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, at least 5 Business Days 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the TrusteeTrustee or is specified in the Board Resolution, Officers' Certificate or supplemental indenture establishing such series), 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 (1i) prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, Indenture or (2ii) pursuant to an election of the Company that which is subject to a condition specified in the terms of the Securities of the series to be redeemedsuch Securities, the Company shall furnish the Trustee with an 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 1 contract
Samples: Indenture (MGP Ingredients Inc)
Election to Redeem; Notice to Trustee. The election of the Company to redeem any Securities Notes pursuant to Section 1201 shall be established in or pursuant to evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 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)Notes, the Company shall, at least 5 Business Days 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 Notes to be redeemed and, if applicable, and the subsection of the tenor of the Securities this Indenture pursuant to be redeemedwhich redemption shall occur. In the case of (a) any redemption of Securities (1) prior pursuant to subsection 1101(c), the Company shall also furnish to the expiration Trustee at the same time as the notification of any restriction on the Redemption Date, an Officers’ Certificate stating that the Company is entitled to effect such redemption provided in and setting forth a statement of facts showing that the terms of such Securities condition or elsewhere in this Indenture, or (2) pursuant conditions precedent to an election the right of the Company that is subject so to redeem have occurred or been satisfied and, (b) in case of a condition specified in the terms of the Securities of the series redemption pursuant to be redeemedsubsection 1101(b), the Company shall furnish to the Trustee with an Officers’ Certificate evidencing compliance with such restriction or condition. Redemptions may be conditioned upon stating the occurrence of conditions precedent with respect Redemption Price no later than two Business Days prior to the redemptionRedemption Date.
Appears in 1 contract
Samples: Indenture (Sanmina-Sci Corp)