Common use of Notice of Redemption to Holders Clause in Contracts

Notice of Redemption to Holders. (a) The Base Indenture is hereby amended, with respect to the Notes only, by replacing the text of the first paragraph of Section 1103 thereof with the following text: “If less than all the Securities of any series are to be redeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, and such redemption shall be effected by lot by the Trustee in compliance with the requirements of the principal national securities exchange and subject to applicable procedures or regulations of the Depositary or by such other method including by lot as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series; provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security and provided further that so long as the Securities are represented by one or more Global Securities, such selection shall be made by the Depositary in accordance with its customary procedures. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected and notice of redemption will be mailed by first-class mail to each holder at least 10 but not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence.”

Appears in 2 contracts

Samples: Third Supplemental Indenture (Intercontinental Exchange, Inc.), Second Supplemental Indenture (Intercontinental Exchange, Inc.)

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Notice of Redemption to Holders. (a) The Base Indenture is hereby amended, with respect If the Company elects to redeem Notes pursuant to the Notes only, by replacing the text of the first paragraph optional redemption provisions of Section 1103 thereof with the following text: “If less than all the Securities of any series are to be redeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security)3.07 hereof, the particular Securities to be redeemed shall be selected at least 30 days but not more than 60 days prior before the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. The notice shall identify the Redemption Date by Notes to be redeemed (including "CUSIP" number(s)) and shall state: (i) the Trusteeredemption date; (ii) the redemption price; (iii) if any Note is being redeemed in part, from the Outstanding Securities of such series not previously called for redemption, and such redemption shall be effected by lot by the Trustee in compliance with the requirements of the principal national securities exchange and subject to applicable procedures or regulations of the Depositary or by such other method including by lot as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security such Note to be redeemed and that, after the redemption date upon surrender of such series; provided that Note, a new Note or Notes in principal amount equal to the unredeemed portion shall be issued upon cancellation of the principal amount original Note; (iv) the name and address of any Security shall the Paying Agent; (v) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price; (vi) that, unless the Company defaults in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security and provided further that so long as the Securities are represented by one or more Global Securities, such selection shall be made by the Depositary in accordance with its customary procedures. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless making such redemption affects only a single Security)payment, interest on Notes called for redemption ceases to accrue on and after the redemption date; (vii) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and (viii) 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. At the Company's request, the particular Securities to be redeemed Trustee shall be selected and give the notice of redemption will be mailed by first-class mail in the Company's name and at its expense; provided, however, that the Company shall have delivered to each holder the Trustee, at least 10 but not more than 60 days prior to the Redemption Date by redemption date, an Officers' Certificate requesting that the Trustee, from Trustee give such notice and setting forth the Outstanding Securities of information to be stated in such series and specified tenor not previously called for redemption notice as provided in accordance with the preceding sentenceparagraph.

Appears in 1 contract

Samples: Indenture (Holley Performance Products Inc)

Notice of Redemption to Holders. (a) The Base Indenture is hereby amended, with respect If Issuer elects to redeem Notes pursuant to the Notes only, by replacing the text of the first paragraph optional redemption provisions of Section 1103 thereof with the following text: “If less than all the Securities of any series are to be redeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security)3.07 hereof, the particular Securities to be redeemed shall be selected at least 30 days but not more than 60 days prior before the redemption date, Issuer shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. Notices of redemption may not be conditional; PROVIDED that if the Redemption Date by redemption is pursuant to Section 3.07(b) hereof and the Trustee, from proposed redemption date is not later than 30 days after the Outstanding Securities date of closing of such series not previously called for redemptionPublic Equity Offering, and such the redemption shall may be effected by lot by the Trustee in compliance with the requirements of the principal national securities exchange and subject to applicable procedures or regulations of such closing. The notice shall identify the Depositary or by such other method Notes to be redeemed (including by lot as "CUSIP" number(s)) and shall state: (i) the Trustee shall deem fair and appropriate and which may provide for redemption date; (ii) the selection for redemption of a price; (iii) if any Note is being redeemed in part, the portion of the principal amount of any Security such Note to be redeemed and that, after the redemption date upon surrender of such series; provided that Note, a new Note or Notes in principal amount equal to the unredeemed portion shall be issued upon cancellation of the principal amount original Note; (iv) the name and address of any Security shall the Paying Agent; (v) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price; (vi) that, unless Issuer defaults in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security and provided further that so long as the Securities are represented by one or more Global Securities, such selection shall be made by the Depositary in accordance with its customary procedures. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless making such redemption affects only a single Security)payment, interest on Notes called for redemption ceases to accrue on and after the redemption date; (vii) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; (viii) if the second sentence of this paragraph is applicable, that the redemption is subject to the closing of the Public Equity Offering; and (ix) 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. At Issuer's request, the particular Securities to be redeemed Trustee shall be selected and give the notice of redemption will be mailed by first-class mail in Issuer's name and at its expense; PROVIDED, HOWEVER, that Issuer shall have delivered to each holder the Trustee, at least 10 but not more than 60 days prior to the Redemption Date by redemption date, an Officers' Certificate requesting that the Trustee, from Trustee give such notice and setting forth the Outstanding Securities of information to be stated in such series and specified tenor not previously called for redemption notice as provided in accordance with the preceding sentenceparagraph.

Appears in 1 contract

Samples: Petco Animal Supplies Inc

Notice of Redemption to Holders. (a) The Base Indenture is hereby amended, with respect If the Company elects to redeem Notes pursuant to the Notes only, by replacing the text of the first paragraph optional redemption provisions of Section 1103 thereof with the following text: “If less than all the Securities of any series are to be redeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security)3.7, the particular Securities to be redeemed shall be selected at least 30 days but not more than 60 days prior to before the Redemption Date by redemption date and, if applicable, no later than 30 days after the Trustee, from the Outstanding Securities of such series not previously called for redemption, and such redemption shall be effected by lot by the Trustee in compliance with the requirements closing of the principal national securities exchange related Public Equity Offering, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. The notice shall identify the Notes to be redeemed (including “CUSIP” number(s)) and subject to applicable procedures or regulations of shall state: (i) the Depositary or by such other method including by lot as redemption date; (ii) the Trustee shall deem fair and appropriate and which may provide redemption price or, if then indeterminable, basis for determining the selection for redemption of a price; (iii) if any Note is being redeemed in part, the portion of the principal amount of any Security such Note to be redeemed and that, after the redemption date upon surrender of such series; provided that Note, a new Note or Notes in principal amount equal to the unredeemed portion shall be issued upon cancellation of the principal amount original Note; (iv) the name and address of any Security shall the Paying Agent; (v) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price; (vi) that, unless the Company defaults in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security and provided further that so long as the Securities are represented by one or more Global Securities, such selection shall be made by the Depositary in accordance with its customary procedures. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless making such redemption affects only a single Security)payment, interest on Notes called for redemption ceases to accrue on and after the redemption date; (vii) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and (viii) 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. At the Company’s request, the particular Securities to be redeemed Trustee shall be selected and give the notice of redemption will be mailed by first-class mail in the Company’s name and at its expense; provided, however, that the Company shall have delivered to each holder the Trustee, at least 10 but not more than 60 45 days prior to the Redemption Date by redemption date, an Officers’ Certificate requesting that the Trustee, from Trustee give such notice and setting forth the Outstanding Securities of information to be stated in such series and specified tenor not previously called for redemption notice as provided in accordance with the preceding sentenceparagraph.

Appears in 1 contract

Samples: Indenture (Autonation Inc /Fl)

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Notice of Redemption to Holders. (a) The Base Indenture is hereby amended, with respect If the Company elects to redeem Notes pursuant to the Notes only, by replacing the text of the first paragraph optional redemption provisions of Section 1103 thereof with the following text: “If less than all the Securities of any series are to be redeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security)3.7, the particular Securities to be redeemed shall be selected at least 30 days but not more than 60 days prior before the redemption date and no later than 30 days after the closing or the related Public Equity Offering, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. The notice shall identify the Redemption Date by Notes to be redeemed (including "CUSIP" number(s)) and shall state: (i) the Trusteeredemption date; (ii) the redemption price; (iii) if any Note is being redeemed in part, from the Outstanding Securities of such series not previously called for redemption, and such redemption shall be effected by lot by the Trustee in compliance with the requirements of the principal national securities exchange and subject to applicable procedures or regulations of the Depositary or by such other method including by lot as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security such Note to be redeemed and that, after the redemption date upon surrender of such series; provided that Note, a new Note or Notes in principal amount equal to the unredeemed portion shall be issued upon cancellation of the principal amount original Note; (iv) the name and address of any Security shall the Paying Agent; (v) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price; (vi) that, unless the Company defaults in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security and provided further that so long as the Securities are represented by one or more Global Securities, such selection shall be made by the Depositary in accordance with its customary procedures. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless making such redemption affects only a single Security)payment, interest on Notes called for redemption ceases to accrue on and after the redemption date; (vii) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and (viii) 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. At the Company's request, the particular Securities to be redeemed Trustee shall be selected and give the notice of redemption will be mailed by first-class mail in the Company's name and at its expense; provided, however, that the Company shall have delivered to each holder the Trustee, at least 10 but not more than 60 45 days prior to the Redemption Date by redemption date, an Officers' Certificate requesting that the Trustee, from Trustee give such notice and setting forth the Outstanding Securities of information to be stated in such series and specified tenor not previously called for redemption notice as provided in accordance with the preceding sentenceparagraph.

Appears in 1 contract

Samples: Indenture (Wallace Bill Enterprises Inc)

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