Common use of Election To Redeem; Notices to Trustee Clause in Contracts

Election To Redeem; Notices to Trustee. If the Company elects to redeem Notes pursuant to the optional redemption provisions hereof, it must furnish to the Trustee, at least 35 days but not more than 60 days (or such shorter period acceptable to the Trustee) before a redemption date, an Officers’ Certificate setting forth: (1) the clause hereof pursuant to which the redemption shall occur; (2) the redemption date; (3) the principal amount of Notes to be redeemed; (4) the redemption price; and (5) if a redemption is conditioned upon the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days of the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescinded. Other than an optional redemption made by an affirmative election of the Company pursuant to this Section 3.01 and Section 3.03, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph 5 of the Notes.

Election To Redeem; Notices to Trustee. If the Company elects to redeem Notes pursuant to this Article 3, at least 3 Business Days prior to the optional date on which the notice of a redemption provisions hereofshall be sent to the Holders (unless a shorter notice period shall be satisfactory to the Trustee), it must furnish the Company shall notify the Trustee in writing of the Redemption Date and the principal amount of such Notes to be redeemed and the Redemption Price, and deliver to the Trustee, at least 35 days but not more no later than 60 days (or such shorter period acceptable two Business Days prior to the Trustee) before a redemption dateRedemption Date, an Officers’ Certificate setting forth: (1) stating that such redemption will comply with the clause hereof conditions contained this Article 3. Notice given to the Trustee pursuant to which this Section 3.01 may, at the redemption shall occur; (2) the redemption date; (3) the principal amount of Notes Company’s discretion, be subject to be redeemed; (4) the redemption price; and (5) if a redemption is conditioned upon the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date . The Trustee may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days waive either or both of the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescindedtime periods set forth in this Section 3.01 or agree to shorter time periods. Other than an optional redemption made by an affirmative election of the Company pursuant to this Section 3.01 and Section 3.033.01, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph paragraphs 5 and 7 of the Notes.

Election To Redeem; Notices to Trustee. If the Company elects to redeem Notes pursuant to the optional redemption provisions hereof, it must furnish to the Trustee, at least 35 20 days but not more than 60 days (or such shorter period acceptable to the Trustee) before a redemption date, an Officers’ Certificate setting forth: (1) the clause hereof pursuant to which the redemption shall occur; (2) the redemption date; (3) the principal amount of Notes to be redeemed; (4) the redemption price; and (5) if a redemption is conditioned upon subject to the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days of after the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescinded. Other than an optional redemption made by an affirmative election of the Company pursuant to this Section 3.01 and Section 3.03, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph 5 of the Notes.

Election To Redeem; Notices to Trustee. If the Company elects to redeem Notes pursuant to the optional redemption provisions hereof, it must furnish to the Trustee, at least 35 days but not more than 60 days two Business Days (or such shorter period acceptable to the Trustee) before a redemption date, an Officers’ Officer’s Certificate setting forth: (1) the clause hereof pursuant to which the redemption shall occur; (2) the redemption date; (3) the principal amount of Notes to be redeemed;; and (4) the redemption price; and (5) if a redemption is conditioned upon the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days of the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescinded. Other than an optional redemption made by an affirmative election of the Company pursuant to this Section 3.01 and Section 3.03, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph 5 of the Notes. Any redemption notice or offer to purchase may, at the Company’s discretion, be subject to the satisfaction or waiver of one or more conditions precedent, including the completion of an Equity Offering or other transaction (or series of related transactions). In addition, if such redemption or offer to purchase is subject to satisfaction or waiver of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied or waived, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied or waived by the redemption date, or by the redemption date so delayed.

Election To Redeem; Notices to Trustee. If the Company elects to redeem Notes pursuant to the optional redemption provisions hereof, it must furnish to the Trusteethis Article 3, at least 35 30 days prior to the Redemption Date but not more than 60 days (or such shorter period acceptable prior to the Trustee) before a redemption dateRedemption Date, an Officers’ Certificate setting forth: (1) the clause hereof pursuant to which Company shall notify the redemption shall occur; (2) Trustee in writing of the redemption date; (3) Redemption Date and the principal amount of such Notes to be redeemed; (4) redeemed and the Redemption Price, and deliver to the Trustee, no later than two Business Days prior to the Redemption Date, an Officers' Certificate stating that such redemption price; and (5) if a redemption is conditioned upon will comply with the conditions contained this Article 3. Notice given to the Trustee pursuant to this Section 3.01 may, at the Company's discretion, be subject to the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date . The Trustee may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days waive either or both of the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescindedtime periods set forth in this Section 3.01 or agree to shorter time periods. Other than an optional redemption made by an affirmative election of the Company pursuant to this Section 3.01 and Section 3.033.01, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph paragraphs 5 and 7 of the Notes.

Election To Redeem; Notices to Trustee. If the Company elects to redeem Notes pursuant to the optional redemption provisions hereof, it must furnish to the Trustee, at least 35 20 days but not more than 60 days (or such shorter period acceptable to the Trustee) before a redemption date, an Officers’ Certificate setting forth: (1) the clause hereof pursuant to which the redemption shall occur; (2) the redemption date; (3) the principal amount of Notes to be redeemed; (4) the redemption price; and (5) if a redemption is conditioned upon subject to the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days of the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescinded. Other than an optional redemption made by an affirmative election of the Company pursuant to this Section 3.01 and Section 3.03, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph 5 of the Notes.

Election To Redeem; Notices to Trustee. If the Company elects to redeem Notes pursuant to this Article 3, at least three Business Days prior to the optional date on which the notice of a redemption provisions hereofshall be sent to the Holders (unless a shorter notice period shall be satisfactory to the Trustee), it must furnish the Company shall notify the Trustee in writing of the Redemption Date and the principal amount of such Notes to be redeemed and the Redemption Price, and deliver to the Trustee, at least 35 days but not more no later than 60 days (or such shorter period acceptable two Business Days prior to the Trustee) before a redemption dateRedemption Date, an Officers’ Certificate setting forth: (1) stating that such redemption will comply with the clause hereof conditions contained this Article 3. Notice given to the Trustee pursuant to which this Section 3.01 may, at the redemption shall occur; (2) the redemption date; (3) the principal amount of Notes Company’s discretion, be subject to be redeemed; (4) the redemption price; and (5) if a redemption is conditioned upon the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date . The Trustee may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days waive either or both of the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescindedtime periods set forth in this Section 3.01 or agree to shorter time periods. Other than an optional redemption made by an affirmative election of the Company pursuant to this Section 3.01 and Section 3.033.01, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph paragraphs 5 and 7 of the Notes.

Election To Redeem; Notices to Trustee. If the Company elects Issuers elect to redeem Notes pursuant to the optional redemption provisions hereof, it must furnish to the Trustee, at least 35 days but not more than 60 days two Business Days (or such shorter period acceptable to the Trustee) before a redemption date, an Officers’ Officer’s Certificate setting forth: (1) the clause hereof pursuant to which the redemption shall occur; (2) the redemption date; (3) the principal amount of Notes to be redeemed;; and (4) the redemption price; and (5) if a redemption is conditioned upon the satisfaction of one or more conditions precedent, a statement to such effect describing the conditions and stating that the redemption date may be delayed up to 10 Business Days and that if such conditions precedent are not satisfied within 10 Business Days of the proposed redemption date, such redemption shall not occur and the notice thereof shall be deemed rescinded. Other than an optional redemption made by an affirmative election of the Company Issuers pursuant to this Section 3.01 and Section 3.03, no payment, purchase, redemption, repurchase, defeasance, exchange or other acquisition, retirement for value or satisfaction of Notes (including any payment made or deemed made after acceleration of the Notes) shall constitute an optional redemption of the Notes for purposes of Section 3.07 hereof and paragraph 5 of the Notes. Any redemption notice or offer to purchase may, at the Issuers’ discretion, be subject to the satisfaction or waiver of one or more conditions precedent, including the completion of an Equity Offering or other transaction (or series of related transactions). In addition, if such redemption or offer to purchase is subject to satisfaction or waiver of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied or waived, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied or waived by the redemption date, or by the redemption date so delayed.