Common use of Notice of Redemption or Repurchase Clause in Contracts

Notice of Redemption or Repurchase. Subject to Section 3.09 hereof, the Issuer shall mail or cause to be mailed by first-class mail notices of redemption or repurchase at least 10 days but not more than 60 days before the redemption or repurchase date to each Holder of Notes to be redeemed or repurchased at such Holder’s registered address, except that redemption or repurchase notices may be mailed more than 60 days prior to a redemption or repurchase date if the notice is issued in connection with Article 8 or Article 11 hereof. Notices of redemption may be conditional. Failure to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other Note. The notice shall identify the Notes to be redeemed and shall state: (a) the redemption or repurchase date; (b) the redemption or repurchase price; (c) if any Note is to be redeemed or repurchased in part only, the portion of the principal amount of that Note that is to be redeemed or repurchased and that, after the redemption or repurchase date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed or repurchased will be issued in the name of the Holder of the Notes (unless such unredeemed or unrepurchased portion is equal to or less than $2,000 in principal amount) or transferred by book entry upon cancellation of the original Note; (d) the name and address of the Paying Agent; (e) that Notes called for redemption or repurchase must be surrendered to the Paying Agent to collect the redemption or repurchase price; (f) that, unless the Issuer defaults in making such redemption payment, and interest on Notes called for redemption or repurchase ceases to accrue on and after the redemption or repurchase date; (g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption or repurchase are being redeemed or repurchased, as applicable; (h) the CUSIP number, if any, and the statement that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and (i) any condition to such redemption or repurchase. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)

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Notice of Redemption or Repurchase. Subject to Section 3.09 hereof, the Issuer shall mail or cause to be mailed by first-class mail notices of redemption or repurchase at least 10 30 days but not more than 60 days before the redemption or repurchase date to each Holder of Notes to be redeemed or repurchased at such Holder’s registered address, except that redemption or repurchase notices may be mailed more than 60 days prior to a redemption or repurchase date if the notice is issued in connection with Article 8 or Article 11 hereof. Notices of redemption may be conditional. Failure to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other Note. The notice shall identify the Notes to be redeemed and shall state: (a) the redemption or repurchase date; (b) the redemption or repurchase price; (c) if any Note is to be redeemed or repurchased in part only, the portion of the principal amount of that Note that is to be redeemed or repurchased and that, after the redemption or repurchase date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed or repurchased will be issued in the name of the Holder of the Notes (unless such unredeemed or unrepurchased portion is equal to or less than $2,000 in principal amount) or transferred by book entry upon cancellation of the original Note; (d) the name and address of the Paying Agent; (e) that Notes called for redemption or repurchase must be surrendered to the Paying Agent to collect the redemption or repurchase price; (f) that, unless the Issuer defaults in making such redemption payment, and interest on Notes called for redemption or repurchase ceases to accrue on and after the redemption or repurchase date; (g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption or repurchase are being redeemed or repurchased, as applicable; (h) the CUSIP number, if any, and the statement that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and (i) any condition to such redemption or repurchase. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 1 contract

Samples: Indenture (Allison Transmission Holdings Inc)

Notice of Redemption or Repurchase. Subject to the provisions of Section 3.09 hereof3.10, the Issuer shall mail or cause to be mailed by first-class mail notices of redemption or repurchase at least 10 30 days but not more than 60 days before the a redemption date, Revel shall mail or cause to be mailed, by first class mail, a notice of redemption or repurchase date to each Holder of whose Notes are to be redeemed or repurchased at such Holder’s its registered address, except that redemption or repurchase notices may be mailed (i) more than 60 days prior to a redemption or repurchase date if the notice is issued in connection with a Covenant Defeasance or Legal Defeasance of the Notes pursuant to Article 8 of this Indenture or a satisfaction and discharge of this Indenture pursuant to Article 11 hereof. Notices 12 of this Indenture and (ii) less than 30 or more than 60 days prior to a redemption may be conditional. Failure or purchase date if so required by any Gaming Authority in connection with a redemption pursuant to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other NoteSection 3.09. The notice shall identify the Notes to be redeemed and shall state: (a) the redemption or repurchase date; (b) the redemption or repurchase price; (c) if any Note is to be being redeemed or repurchased in part onlypart, the portion of the principal amount of that such Note that is to be redeemed or repurchased and that, after the redemption or repurchase date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed or repurchased will shall be issued in the name of the Holder of the Notes (unless such unredeemed or unrepurchased portion is equal to or less than $2,000 in principal amount) or transferred by book entry upon cancellation of the original Note; (d) the name and address of the Paying Agent; (e) that Notes called for redemption or repurchase must be surrendered to the Paying Agent to collect the redemption or repurchase price; (f) that, unless the Issuer Revel defaults in making such redemption payment, and interest on Notes called for redemption or repurchase ceases to accrue on and after the redemption or repurchase date; (g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption or repurchase are being redeemed or repurchased, as applicable;redeemed; and (h) the CUSIP number, if any, and the statement that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes; and (i) any condition to such redemption or repurchase. At the IssuerRevel’s request, the Trustee shall give the notice of redemption in the IssuerRevel’s name and at its their expense; provided provided, however, that the Issuer shall have Revel has delivered to the Trustee, at least 10 Business Days before notice of 45 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter period is acceptable to the Trustee or unless this Indenture permits less than 30 days notice shall be agreed to by the TrusteeHolders of a redemption), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 1 contract

Samples: Indenture (Revel Entertainment Group, LLC)

Notice of Redemption or Repurchase. Subject to Section SECTION 3.09 hereof, the Issuer Company shall mail or cause to be mailed by first-class mail notices of redemption or repurchase at least 10 30 days but not more than 60 days before the redemption or repurchase date to each Holder of Notes to be redeemed or repurchased at such Holder’s 's registered address, except that redemption or repurchase notices may be mailed more than 60 days prior to a redemption or repurchase date if the notice is issued in connection with Article ARTICLE 8 or Article ARTICLE 11 hereof. Notices Except as set forth in SECTION 3.07(B) hereof, notices of redemption or repurchase may not be conditional. Failure to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other Note. The notice shall identify the Notes to be redeemed and shall state: (a) the redemption or repurchase date; (b) the redemption or repurchase price; (c) if any Note is to be redeemed or repurchased in part only, the portion of the principal amount of that Note that is to be redeemed or repurchased and that, after the redemption or repurchase date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed or repurchased will be issued in the name of the Holder of the Notes (unless such unredeemed or unrepurchased portion is equal to or less than $2,000 1,000 in principal amount) or transferred by book entry upon cancellation of the original Note; (d) the name and address of the Paying Agent; (e) that Notes called for redemption or repurchase must shall be surrendered to the Paying Agent to collect the redemption or repurchase price; (f) that, unless the Issuer Company defaults in making such redemption payment, and interest on Notes called for redemption or repurchase ceases to accrue on and after the redemption or repurchase date; (g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption or repurchase are being redeemed or repurchased, as applicable; (h) the CUSIP number, if any, and the statement that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and (i) if in connection with a redemption or repurchase pursuant to SECTION 3.07(B) hereof, any condition to such redemption or repurchase. At the Issuer’s Company's request, the Trustee shall give the notice of redemption in the Issuer’s Company's name and at its expense; provided PROVIDED that the Issuer Company shall have delivered to the Trustee, at least 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section SECTION 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s 's Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 1 contract

Samples: Indenture (Perkins & Marie Callender's Inc)

Notice of Redemption or Repurchase. Subject to Section 3.09 hereof, the Issuer shall mail or cause to be mailed by first-class mail notices of redemption or repurchase at least 10 30 days but not more than 60 days before the redemption or repurchase date to each Holder of Notes to be redeemed or repurchased at such Holder’s 's registered address, except that redemption or repurchase notices may be mailed more than 60 days prior to a redemption or repurchase date if the notice is issued in connection with Article 8 or Article 11 hereof. Notices Except as set forth in Section 3.07(b) hereof, notices of redemption or repurchase may not be conditional. Failure to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other Note. The notice shall identify the Notes to be redeemed and shall state: (a) the redemption or repurchase date; (b) the redemption or repurchase price; (c) if any Note is to be redeemed or repurchased in part only, the portion of the principal amount of that Note that is to be redeemed or repurchased and that, after the redemption or repurchase date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed or repurchased will be issued in the name of the Holder of the Notes (unless such unredeemed or unrepurchased portion is equal to or less than $2,000 1,000 in principal amount) or transferred by book entry upon cancellation of the original Note; (d) the name and address of the Paying Agent; (e) that Notes called for redemption or repurchase must be surrendered to the Paying Agent to collect the redemption or repurchase price; (f) that, unless the Issuer defaults in making such redemption payment, interest and interest Liquidated Damages, if any, on Notes called for redemption or repurchase ceases to accrue on and after the redemption or repurchase date; (g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption or repurchase are being redeemed or repurchased, as applicable; (h) the CUSIP number, if any, and the statement that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and (i) if in connection with a redemption or repurchase pursuant to Section 3.07(b) hereof, any condition to such redemption or repurchase. At the Issuer’s 's request, the Trustee shall give the notice of redemption in the Issuer’s 's name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s 's Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 1 contract

Samples: Indenture (Cogent Management Inc)

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Notice of Redemption or Repurchase. Subject to Section 3.09 hereof, the Issuer shall mail or cause to be mailed by first-class mail notices of redemption or repurchase at least 10 30 days but not more than 60 days before the redemption or repurchase date to each Holder of Notes to be redeemed or repurchased at such Holder’s 's registered address, except that redemption or repurchase notices may be mailed more than 60 days prior to a redemption or repurchase date if the notice is issued in connection with Article 8 or Article 11 hereof. Notices Except as set forth in Section 3.07(b) hereof, notices of redemption or repurchase may not be conditional. Failure to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other Note. The notice shall identify the Notes to be redeemed and shall state: (a) the redemption or repurchase date; (b) the redemption or repurchase price; (c) if any Note is to be redeemed or repurchased in part only, the portion of the principal amount of that Note that is to be redeemed or repurchased and that, after the redemption or repurchase date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed or repurchased will be issued in the name of the Holder of the Notes (unless such unredeemed or unrepurchased portion is equal to or less than $2,000 1,000 in principal amount) or transferred by book entry upon cancellation of the original Note; (d) the name and address of the Paying Agent; (e) that Notes called for redemption or repurchase must be surrendered to the Paying Agent to collect the redemption or repurchase price; (f) that, unless the Issuer defaults in making such redemption payment, interest and interest Additional Interest, if any, on Notes called for redemption or repurchase ceases to accrue on and after the redemption or repurchase date; (g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption or repurchase are being redeemed or repurchased, as applicable; (h) the CUSIP number, if any, and the statement that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and (i) if in connection with a redemption or repurchase pursuant to Section 3.07(b) hereof, any condition to such redemption or repurchase. At the Issuer’s 's request, the Trustee shall give the notice of redemption in the Issuer’s 's name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s 's Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 1 contract

Samples: Indenture (Restaurant Co of Minnesota)

Notice of Redemption or Repurchase. Subject to Section 3.09 11.2 hereof, the Issuer shall mail or cause to be mailed by first-class mail notices of redemption or repurchase at least 10 30 days but not more than 60 days before a redemption date or repurchase date, the Company shall mail or cause to be mailed, by first-class mail a notice of redemption or repurchase date to each Holder of Notes whose Securities are to be redeemed or repurchased at such Holder’s its registered address, except that redemption or repurchase notices may be mailed more than 60 days prior to a redemption or repurchase date if the notice is issued in connection with Article 8 or Article 11 hereof. Notices of redemption may be conditional. Failure to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other Note. The notice shall identify the Notes Securities to be redeemed or repurchased and shall state: (a1) the redemption date or repurchase date, as the case may be; (b2) the redemption price or repurchase price, as the case may be; (c3) the CUSIP or CINS number, if any Note is to be redeemed or repurchased in part only, the portion of the principal amount of that Note that is to be redeemed or repurchased and that, after the redemption or repurchase date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed or repurchased will be issued in the name of the Holder of the Notes (unless such unredeemed or unrepurchased portion is equal to or less than $2,000 in principal amount) or transferred by book entry upon cancellation of the original Noteany; (d4) the name and address of the Paying AgentAgent to which the Securities are to be surrendered for redemption or repurchase; (e5) that Notes Securities called for redemption or repurchase must be surrendered to the Paying Agent to collect the redemption price or repurchase price, as the case may be, and accrued interest, if any; (f6) that, unless the Issuer Company defaults in making such the redemption or repurchase payment, and interest on Notes Securities called for redemption or repurchase ceases to accrue on and after the redemption date or repurchase date, as the case may be, and the only remaining right of the Holders is to receive payment of the redemption price or repurchase price, as the case may be, upon surrender to the Paying Agent; (g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption or repurchase are if any Security is being redeemed or repurchasedrepurchased in part, the portion of the principal amount of such Security to be redeemed or repurchased and that, after the redemption date or repurchase date, as applicable; (h) the CUSIP numbercase may be, if anyupon surrender of such Security, and the statement that no representation is made as a new Security or Securities in principal amount equal to the correctness unredeemed or accuracy unrepurchased portion thereof will be issued. On receipt of a request signed by an Officer of the CUSIP number, if any, listed in such notice or printed on the Notes; and (i) any condition to such redemption or repurchase. At the Issuer’s requestCompany, the Trustee shall give the notice of redemption or repurchase on behalf of the Company, in the Issuer’s name of the Company and at its the Company's expense; provided that the Issuer shall have delivered to the Trustee, at least 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

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