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

Election to Redeem or Prepay; Notice to Trustee. The election of Funding Corp. to redeem or prepay any Notes otherwise than through an installment payment or pursuant to Section 2.3(b) of this Indenture shall be evidenced by a Funding Corp. Order. If Funding Corp. determines or is required to redeem or prepay any Notes, Funding Corp. shall, at least 15 days prior to the date upon which notice of redemption or prepayment is required to be given to the Holders pursuant to Section 6.4 hereof (unless a shorter notice period shall be satisfactory to the Trustee), deliver to the Trustee a Funding Corp. Order specifying the date on which such redemption or prepayment shall occur (the "Redemption Date," or "Prepayment Date," as the case may be) and the principal amount of Notes to be redeemed or prepaid. Upon receipt of any such Funding Corp. Order, the Trustee shall establish a special purpose account into which shall be deposited amounts to be held by the Trustee and applied to the redemption or prepayment of such Notes. In the case of any redemption or prepayment of Notes (a) prior to the expiration of any restriction on such redemption or prepayment provided in the terms of the Notes or elsewhere in this Indenture, or (b) pursuant to an election of Funding Corp. that is subject to a condition specified in the terms of the Notes, Funding Corp. shall furnish the Trustee with an Officer's Certificate and Opinion of Counsel evidencing compliance with such restriction or condition.

Appears in 2 contracts

Samples: Trust Indenture (TermoEmcali Leasing LTD), Trust Indenture (TermoEmcali Leasing LTD)

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Election to Redeem or Prepay; Notice to Trustee. The election of Funding Corp. the Company to redeem or prepay any Notes Bonds otherwise than through an installment payment or pursuant to Section 2.3(b) of this Indenture a sinking fund shall be evidenced by a Funding Corp. Company Order. If Funding Corp. the Company determines or is required to redeem or prepay any NotesBonds, Funding Corp. the Company shall, at least 15 fifteen days prior to the date upon which notice of redemption or prepayment is required to be given to the Holders pursuant to Section 6.4 7.4 hereof (unless a shorter notice period shall be satisfactory to the Trustee), deliver to the Trustee a Funding Corp. Company Order specifying the date on which such redemption or prepayment shall occur (the "Redemption Date," or "Prepayment Date," ”, as the case may be) and the series and principal amount of Notes Bonds to be redeemed or prepaid. Upon receipt of any such Funding Corp. Company Order, the Trustee shall establish a special purpose account into which shall be deposited deposited, not later than one Business Day prior to the date of redemption or prepayment amounts to be held by the Trustee and applied to the redemption or prepayment of such NotesBonds. In the case of any redemption or prepayment of Notes Bonds (a) prior to the expiration of any restriction on such redemption or prepayment provided in the terms of such Bonds, the Notes Series Supplemental Indenture relating thereto or elsewhere in this Indenture, Indenture or (b) pursuant to an election of Funding Corp. the Company that is subject to a condition specified in the terms of such Bonds or in the NotesSeries Supplemental Indenture relating thereto, Funding Corp. the Company shall furnish the Trustee with an Officer's Officers’ Certificate and Opinion of Counsel evidencing compliance with such restriction or condition.

Appears in 1 contract

Samples: Trust Indenture (Dynegy Inc /Il/)

Election to Redeem or Prepay; Notice to Trustee. The election of Funding Corp. the Company to redeem or prepay any Notes Bonds otherwise than through an installment payment or pursuant to Section 2.3(b) of this Indenture a sinking fund shall be evidenced by a Funding Corp. Company Order. If Funding Corp. the Company determines or is required to redeem or prepay any NotesBonds, Funding Corp. the Company shall, at least 15 fifteen days prior to the date upon which notice of redemption or prepayment is required to be given to the Holders Bondholders pursuant to Section 6.4 hereof 7.4 (unless a shorter notice period shall be satisfactory to the Trustee), deliver to the Trustee a Funding Corp. Company Order specifying the date on which such redemption or prepayment shall occur (the "Redemption Date," or "Prepayment Date," as the case may be) and the series and principal amount of Notes Bonds to be redeemed or prepaid. Upon receipt of any such Funding Corp. Company Order, the Trustee shall establish a special purpose account Redemption Subaccount into which shall be deposited amounts to be held by the Trustee and applied to the redemption or prepayment of such NotesBonds. In the case of any redemption or prepayment of Notes Bonds (ai) prior to the expiration of any restriction on such redemption or prepayment provided in the terms of such Bonds, the Notes Series Supplemental Indenture relating thereto or elsewhere in this Indenture, Indenture or (bii) pursuant to an election of Funding Corp. the Company that is subject to a condition specified in the terms of such Bonds or in the NotesSeries Supplemental Indenture relating thereto, Funding Corp. the Company shall furnish the Trustee with an Officer's Certificate and Opinion of Counsel evidencing compliance with such restriction or condition.

Appears in 1 contract

Samples: Power Purchase Agreement (Aes Ironwood LLC)

Election to Redeem or Prepay; Notice to Trustee. The election or requirement of Funding Corp. the Company to redeem or prepay any Notes Securities otherwise than through an installment payment or pursuant to Section 2.3(b) of this Indenture a Sinking Fund shall be evidenced by a Funding Corp. Company Order. If Funding Corp. the Company determines or is required to redeem or prepay any NotesSecurities, Funding Corp. the Company shall, at least 15 fifteen (15) days prior to the date upon which notice of redemption or prepayment is required to be given to the Holders pursuant to Section 6.4 hereof (unless a shorter notice period shall be satisfactory to the Trustee), deliver to the Trustee a Funding Corp. Company Order specifying the date on which such redemption or prepayment shall occur (the a "Redemption Date," or "Prepayment Date," as the case may be) and the series and principal amount of Notes Securities to be redeemed or prepaid. Upon receipt of any such Funding Corp. Order, the Trustee shall establish a special purpose account into which shall be deposited amounts to be held by the Trustee and applied to the redemption or prepayment of such Notes. In the case of any redemption or prepayment of Notes Securities (a) prior to the expiration of any restriction on such redemption or prepayment provided in the terms of such Securities, the Notes Series Supplemental Indenture relating thereto or elsewhere in this Indenture, Indenture or (b) pursuant to an election of Funding Corp. the Company that is subject to a condition specified in the terms of such Securities or in the NotesSeries Supplemental Indenture relating thereto, Funding Corp. the Company shall furnish the Trustee with an Officer's Certificate and Opinion of Counsel evidencing compliance with such restriction or condition.

Appears in 1 contract

Samples: Trust Indenture (Mobile Energy Services Co LLC)

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Election to Redeem or Prepay; Notice to Trustee. The election or requirement of Funding Corp. the IDB to redeem or prepay any Notes Securities otherwise than through an installment payment or pursuant to Section 2.3(b) of this Indenture a Sinking Fund shall be evidenced by a Funding Corp. an IDB Order. If Funding Corp. the IDB determines (at the direction of the Company) or is required to redeem or prepay any NotesSecurities, Funding Corp. the IDB (or the Company on behalf of the IDB) shall, at least 15 fifteen (15) days prior to the date upon which notice of redemption or prepayment is required to be given to the Holders pursuant to Section 6.4 hereof (unless a shorter notice period shall be satisfactory to the Trustee), deliver to the Trustee a Funding Corp. an IDB Order specifying the date on which such redemption or prepayment shall occur (the a "Redemption Date," or "Prepayment Date," as the case may be) and the series and principal amount of Notes Securities to be redeemed or prepaid. Upon receipt of any such Funding Corp. Order, the Trustee shall establish a special purpose account into which shall be deposited amounts to be held by the Trustee and applied to the redemption or prepayment of such Notes. In the case of any redemption or prepayment of Notes Securities (a) prior to the expiration of any restriction on such redemption or prepayment provided in the terms of such Securities, the Notes Series Supplemental Indenture relating thereto or elsewhere in this Indenture, Indenture or (b) pursuant to an election of Funding Corp. the IDB (at the direction of the Company) that is subject to a condition specified in the terms of such Securities or in the NotesSeries Supplemental Indenture relating thereto, Funding Corp. the IDB (or the Company on behalf of the IDB) shall furnish the Trustee with an Officer's Certificate and Opinion of Counsel evidencing compliance with such restriction or condition.

Appears in 1 contract

Samples: Trust Indenture (Mobile Energy Services Co LLC)

Election to Redeem or Prepay; Notice to Trustee. The election of Funding Corp. the Company to redeem or prepay any Notes Bonds otherwise than through an installment payment or pursuant to Section 2.3(b) of this Indenture a sinking fund shall be evidenced by a Funding Corp. Company Order. If Funding Corp. the Company determines or is required to redeem or prepay any NotesBonds, Funding Corp. the Company shall, at least 15 fifteen days prior to the date upon which notice of redemption or prepayment is required to be given to the Holders Bondholders pursuant to Section 6.4 hereof 7.4 (unless a shorter notice period shall be satisfactory to the Trustee), deliver to the Trustee a Funding Corp. Company Order specifying the date on which such redemption or prepayment shall occur (the "Redemption Date,REDEMPTION DATE" or "Prepayment DatePREPAYMENT DATE," as the case may be) and the series and principal amount of Notes Bonds to be redeemed or prepaid. Upon receipt of any such Funding Corp. Company Order, the Trustee shall establish a special purpose account Redemption Subaccount into which shall be deposited amounts to be held by the Trustee and applied to the redemption or prepayment of such NotesBonds. In the case of any redemption or prepayment of Notes Bonds (ai) prior to the expiration of any restriction on such redemption or prepayment provided in the terms of such Bonds, the Notes Series Supplemental Indenture relating thereto or elsewhere in this Indenture, Indenture or (bii) pursuant to an election of Funding Corp. the Company that is subject to a condition specified in the terms of such Bonds or in the NotesSeries Supplemental Indenture relating thereto, Funding Corp. the Company shall furnish the Trustee with an Officer's Certificate and Opinion of Counsel evidencing compliance with such restriction or condition.

Appears in 1 contract

Samples: Trust Indenture (Aes Red Oak LLC)

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