Common use of Notice and Effect of Redemption Clause in Contracts

Notice and Effect of Redemption. (a) A notice of redemption will identify the Notes to be redeemed and will include or state the following: (i) the redemption date and the record date; (ii) the Early Redemption Amount; (iii) if the Notes are in certificated form, the place or places where Notes are to be surrendered for redemption; (iv) if the Notes are in certificated form, Notes called for redemption must be so surrendered in order to collect the redemption price; (v) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; and (vi) if any Note contains a ISIN or Common Code number, no representation is being made as to the correctness of the ISIN or Common Code number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (b) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption to the Principal Paying Agent, the Company shall redeem such Notes at the redemption price. Unless the Company defaults in payment of the Early Redemption Amount, on and after the redemption date, interest will cease to accrue on Notes or portions of them called for redemption. Failure to give notice or any defect in the notice to any Holder shall not affect the validity of the notice to any other Holder. (c) The Company will provide advance notice of redemption to the Trustee and the Agents at least five Business Days prior to the date of publication of any notice of redemption pursuant to this ‎Article 3.

Appears in 3 contracts

Samples: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC), Indenture (Enrestechnology LLC)

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Notice and Effect of Redemption. (a) A Notice of the call for any redemption of Bonds prior to maturity shall be given by the Trustee by mailing a copy of the redemption notice by first-class mail not less than 30 nor more than 60 days prior to the Redemption Date to the Bondowner of redemption will identify the Notes each Bond to be redeemed and will include at the address shown on the Bond Register; provided, however, that failure to give any such notice as aforesaid or state any defect therein with respect to any particular Bond shall not affect the following: validity of any proceedings for the redemption of any other Bond. Each redemption notice shall (i) identify the particular Bonds or portions thereof to be redeemed (including, at a minimum, certificate numbers and called amount for each certificate (for partial calls), Redemption Date, redemption agent name and address, date of issue, maturity date, and other descriptive information, if any, that accurately identifies the record date; particular Bonds called for redemption), (ii) identify the Early Redemption Amount; provisions of this Bond Agreement pursuant to which the Bonds are being redeemed, (iii) if the Notes are in certificated form, identify the place or places where Notes are to be surrendered for redemption; of payment, (iv) if state the Notes are in certificated form, Notes called for redemption must be so surrendered in order to collect the applicable redemption price; , including the premium, if any, and (v) state that interest on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes Bonds or portions thereof thus called for redemption will cease to accrue on from and after the redemption date; and (vi) Redemption Date specified therein. If pursuant to this Bond Agreement the Trustee shall hold funds in the form of cash or Government Obligations which are available and will be sufficient in amount to pay the principal of and premium, if any Note contains a ISIN or Common Code numberany, no representation is being made as to the correctness of the ISIN or Common Code number either as printed on the Notes Bonds or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (b) Once notice of redemption is sent to the Holders, Notes portions thereof thus called for redemption become due and payable at to pay the redemption price on the redemption date, and upon surrender of the Notes called for redemption interest thereon to the Principal Paying AgentRedemption Date, the Company such Bonds or portions thereof shall redeem such Notes at the redemption price. Unless the Company defaults in payment of the Early Redemption Amount, on cease to bear interest from and after the redemption date, interest will cease to accrue on Notes or portions of them called for redemption. Failure to give notice or any defect Redemption Date in the notice to any Holder shall not affect the validity of the notice to any other Holderquestion. (c) The Company will provide advance notice of redemption to the Trustee and the Agents at least five Business Days prior to the date of publication of any notice of redemption pursuant to this ‎Article 3.

Appears in 1 contract

Samples: Bond Agreement (ENERGY COMPOSITES Corp)

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