Common use of Notice of Redemption Clause in Contracts

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 9 contracts

Samples: Indenture (Carbonite Inc), Indenture (Carbonite Inc), Indenture (TTM Technologies Inc)

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Notice of Redemption. Except as Notice of redemption shall, unless otherwise provided as specified by the terms of the Securities to any particular series of Securitiesbe redeemed, at least be given not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, in accordance with Section 1.06. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if any Security is being redeemed in part, the portion place or places where such Securities are to be surrendered for payment of the principal amount of such Security to Redemption Price, which shall be redeemed and that, after the redemption date, upon surrender of such Security, a new Security office or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation agency of the original SecuritiesCompany in each Place of Payment; (4) the name and address that payment of the Paying AgentRedemption Price will be made on the surrender of such Securities at such place or places of redemption; (5) that Securities called for redemption must be surrendered accrued interest to the Paying Agent Redemption Date will be paid as specified in such notice and that from and after the Redemption Date interest on such Securities will cease to collect the redemption priceaccrue; (6) thatif less than all the Outstanding Securities of any series are to be redeemed (unless all the Securities of such series of a specified tenor are to be redeemed), unless the Company defaults identification (and, in payment the case of partial redemption of any Securities, the principal amounts) of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (7) in the case of partial redemption of any Securities, that upon surrender of such Securities, a new Security or new Securities having the same terms will be issued in aggregate principal amount equal to the unredeemed portion; (8) that redemption is subject to the paragraph receipt by the Trustee or a Paying Agent prior to the Redemption Date of sufficient funds to make the Securities and/or redemption, if such is the section of the Indenture pursuant to which the Securities called for redemption are being redeemedcase; and (9) that no representation the redemption is made as for a sinking fund, if such is the case. Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 8 contracts

Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, to each Holder of Securities to be redeemed, at his address appearing in the Company shall mail a Security Register; provided, however, notice of redemption may be given more than 60 days prior to each Holder whose Securities are the Redemption Date if the notice is issued in connection with a satisfaction and discharge pursuant to be redeemedArticle 4. The notice All notices of redemption shall identify the Securities of the series to be redeemed (including CUSIP number(s)) and shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interestRedemption Price, if any, to then determinable and otherwise the date fixed for redemption (the “redemption price”);method of its determination, (3) if less than all the Outstanding Securities of any series consisting of more than a single Security is being redeemed in partare to be redeemed, the portion identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed and, if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of the particular Security to be redeemed, (4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and, if applicable, that interest or original issue discount thereon will cease to accrue or accrete on and that, after the redemption said date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent;, (5) that Securities called for redemption must the place or places where each such Security is to be surrendered to for payment of the Paying Agent to collect the redemption price;Redemption Price, (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption date;case, and (7) if applicable, the CUSIP number, if any, of conversion price then in effect and the date on which the right to convert such Securities to be redeemed; (8) redeemed will expire. Notice of redemption of Securities to be redeemed at the paragraph election of the Securities and/or Company shall be given by the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its the Company’s expense, which notice in either event shall be irrevocable; provided, however, that that, in the case of such a notice to be given by the Trustee, the Company shall have delivered to the Trustee, Trustee at least 45 35 days (unless a shorter period is acceptable to the Trustee) prior to the proposed redemption date, date an 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. The notice mailed in If any Security called for redemption is converted pursuant hereto, any money deposited with the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail Trustee or any defect Paying Agent or so segregated and held in the notice of the Holder of any Security shall not affect the validity of the proceeding trust for the redemption of any other Securitysuch Security shall be paid to the Company upon delivery of a Company Request to the Trustee or such Paying Agent, or, if then held by the Company, shall be discharged from such trust.

Appears in 8 contracts

Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address. The notice shall identify the Securities of to be redeemed, including the series to be redeemed thereof, and shall state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3c) if the name and address of the Paying Agent; (d) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (e) that, unless the Company defaults in making such redemption payment, interest on Securities called for redemption will cease to accrue on and after the redemption date; (f) that any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities of the same series in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Securitiesoriginal; (4g) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (9h) 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 Securities. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's expense, ; provided, however, that the Company shall have delivered to the Trustee, at least 45 30 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 8 contracts

Samples: Subordinated Indenture (Pennsylvania Real Estate Investment Trust), Indenture (Annuity & Life Re Holdings LTD), Senior Indenture (Kulicke & Soffa Industries Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address. The notice shall identify the Securities of to be redeemed, including the series to be redeemed thereof, and shall state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3c) if the name and address of the Paying Agent; (d) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (e) that, unless the Company defaults in making such redemption payment, interest on Securities called for redemption will cease to accrue on and after the redemption date; (f) that any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities of the same series in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Securitiesoriginal; (4g) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (9h) 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 Securities. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's expense; PROVIDED, provided, howeverHOWEVER, that the Company shall have delivered to the Trustee, at least 45 30 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 7 contracts

Samples: Senior Indenture (Harleysville Group Inc), Senior Indenture (Harleysville Group Inc), Subordinated Indenture (Rli Corp)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at (a) At least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) the aggregate principal amount of Securities being redeemed; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the redemption price, together with any accrued and unpaid interest thereon; (6) that, unless the Company defaults in the payment of the redemption price or any accrued interest on Securities called for redemption ceases to accrue on and after the redemption date and the only remaining right of the Holders is to receive payment of the redemption price in respect of the Securities upon surrender to the Paying Agent of the Securities; (7) if fewer than all of the outstanding Securities of a series are to be redeemed, the identification of the particular Securities to be redeemed, and if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued in the name of the Holder thereof upon cancellation of the original SecuritiesSecurity or Securities being redeemed; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) 8) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as any other information required by such Securities or a supplemental indenture relating to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Securities. . (b) At the Company’s request, the Trustee shall give the notice of redemption required in Section 3.04(a) in the Company’s name and at its the Company’s expense, ; provided, however, that the Company shall have delivered deliver to the Trustee, at least 45 15 days prior to the redemption datedate on which the Company requests that the Trustee give such notice (unless the Trustee consents in writing to a shorter notice period), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecuritySection 3.04(a).

Appears in 7 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at (a) At least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder's registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) the aggregate principal amount of Securities being redeemed; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the redemption price; (6) that, unless the Company defaults in the payment of the redemption price or accrued interest, interest on Securities called for redemption ceases to accrue on and after the redemption date and the only remaining right of the Holders is to receive payment of the redemption prices in respect of the Securities upon surrender to the Paying Agent of the Securities; (7) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original Securities; (4) the name and address Holder thereof upon cancelation of the Paying Agent; (5) that Security or Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be being redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy CUSIP number of the CUSIP number, if any, listed in such notice or printed on the Securities. . (b) At the Company’s 's request, the Trustee shall give the notice of redemption required in Section 3.03(a) in the Company’s 's name and at its the Company's expense, ; provided, however, that the Company shall have delivered deliver to the Trustee, at least 45 days prior to the redemption datedate (unless the Trustee consents to a shorter notice period in writing), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecuritySection 3.03(a).

Appears in 7 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Sap Acquisition LLC), Indenture (Ames Co Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a date for redemption dateof Securities, the Company shall mail send, or cause to be sent (in the case of Securities held in book-entry form, by electronic transmission) a notice of redemption to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address or otherwise in accordance with the procedures of the Depositary. Notwithstanding the above, when notice has to be given to a holder of a global security (including any notice of redemption) such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. Notices to the Trustee may be given by email in PDF format. Notices of redemption may be subject to one or more conditions precedent. The notice shall identify the Securities of the series to be redeemed (including the Issue Date and the certificate number) and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (54) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (5) if fewer than all the Outstanding Securities are to be redeemed, the identification and principal amounts of the particular Securities to be redeemed; (6) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP “CUSIP” number, ISIN or “Common Code” number, if any, of printed on the Securities to be being redeemed; (8) any conditions precedent to the paragraph redemption of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedSecurities; and (9) that no representation is made as to the correctness or accuracy of the CUSIP “CUSIP” number, ISIN, or “Common Code” number, if any, listed in such notice or printed on the Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its the Company’s expense. In such event, provided, however, that the Company shall have provide the Trustee with an Officer’s Certificate delivered to the Trustee, at least 45 days five Business Days prior to notification of the redemption date, an Officers’ Certificate Holders (unless the Trustee consents to a shorter period) requesting that the Trustee give such notice of redemption and setting forth containing the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section.

Appears in 7 contracts

Samples: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)

Notice of Redemption. Except as Notice of redemption shall, unless otherwise provided as specified by the terms of the Securities to any particular series of Securitiesbe redeemed, at least be given not less than 30 days but not nor more than 60 90 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, in accordance with Section 1.06. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if any Security is being redeemed in part, the portion place or places where such Securities are to be surrendered for payment of the principal amount of such Security to Redemption Price, which shall be redeemed and that, after the redemption date, upon surrender of such Security, a new Security office or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation agency of the original SecuritiesCompany in each Place of Payment; (4) the name and address that payment of the Paying AgentRedemption Price will be made on the surrender of such Securities at such place or places of redemption; (5) that Securities called for redemption must be surrendered accrued interest to the Paying Agent Redemption Date will be paid as specified in such notice and that from and after the Redemption Date interest on such Securities will cease to collect the redemption priceaccrue; (6) thatif less than all the Outstanding Securities of any series are to be redeemed (unless all the Securities of such series of a specified tenor are to be redeemed), unless the Company defaults identification (and, in payment the case of partial redemption of any Securities, the principal amounts) of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (7) in the case of partial redemption of any Securities, that upon surrender of such Securities, a new Security or new Securities having the same terms will be issued in aggregate principal amount equal to the unredeemed portion; (8) that redemption is subject to the paragraph receipt by the Trustee or a Paying Agent prior to the Redemption Date of sufficient funds to make the Securities and/or redemption, if such is the section of the Indenture pursuant to which the Securities called for redemption are being redeemedcase; and (9) that no representation the redemption is made as for a sinking fund, if such is the case. Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 6 contracts

Samples: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)

Notice of Redemption. Except Unless otherwise specified as otherwise provided as to any particular series contemplated by Section 3.1, notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before prior to the Redemption Date, unless a redemption dateshorter period is specified in the Securities to be redeemed, the Company shall mail a notice of redemption to each Holder whose of the Securities are to be redeemed. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price and the terms amount of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)be paid; (3) if less than all the Outstanding Securities of a series are to be redeemed, the identification (and, in the case of partial redemption of any Securities, the principal amounts) of the particular Security or Securities to be redeemed; (4) in case any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed in part only, the notice which relates to such Security shall state that on and that, after the redemption dateRedemption Date, upon surrender of such Security, the Holder of such Security will receive, without a charge, a new Security or Securities in of authorized denominations for the principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agentthereof remaining unredeemed; (5) the Place or Places of Payment where such Securities are to be surrendered for payment for the Redemption Price; (6) that Securities of the series called for redemption appertaining thereto must be surrendered to the Paying Agent to collect the redemption priceRedemption Price; (67) that, unless on the Company defaults in payment of Redemption Date, the redemption priceRedemption Price will become due and payable upon each such Security, or the portion thereof, to be redeemed and, if applicable, that interest on Securities called for redemption ceases thereon will cease to accrue on and after the redemption said date; (78) that the redemption is for a sinking fund, if such is the case; (9) the CUSIP numbernumber and/or ISIN, if any, of the such Securities. Notice of redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or Company shall be given by the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, the expense of the Company (provided that the Company shall have delivered prepare and provide to the Trustee the form of such notice, or, if acceptable to the Trustee, at least 45 days prior provides sufficient information to the redemption date, an Officers’ Certificate requesting that enable the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives prepare such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityeach case on a timely basis.)

Appears in 6 contracts

Samples: Indenture (Know Labs, Inc.), Indenture (Exact Sciences Corp), Indenture (Akoustis Technologies, Inc.)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice shall will identify the Securities of the series to be redeemed and shall will state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security Securities of any Series is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities of any Series called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that such redemption is pursuant to the mandatory or optional sinking fund, or both, if such be the case; (7) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities of any Series called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities of such Series called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense, ; provided, however, that the Company shall have has delivered to the Trustee, at least 45 days prior to the redemption datedate (or a shorter period as agreed to by the Trustee), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 6 contracts

Samples: Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp)

Notice of Redemption. Except Notice of redemption to the Holders of Securities to be redeemed as otherwise provided as a whole but not in part at the option of the Company pursuant to any particular series Section 3.04, or upon the occurrence of Securitiesa Post-Restructuring Exchange pursuant to Section 3.05, subject to the terms of this Indenture, shall be given by mailing notice of such redemption by first class mail, postage prepaid (or in the case of Global Securities by transmitting such notice in accordance with the Depositary’s procedures therefor), at least 30 calendar days but and not more than 60 calendar days before a redemption date, the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, prior to the date fixed for redemption (to such Holders of Securities at their last addresses as they shall appear upon the Security Register. Notice of redemption price”); (3) if any Security is being redeemed in part, the portion to Holders of the principal amount of such Security Securities to be redeemed shall be published in an Authorized Newspaper in Switzerland if the Securities are listed on the SIX Swiss Exchange and thatthe SIX Swiss Exchange so requires, after once in each of three successive calendar weeks, the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal first publication to be not less than 30 calendar days nor more than 60 calendar days prior to the unredeemed portion will be issued upon cancellation date fixed for redemption. Notwithstanding the foregoing, if the Company has delivered such notice of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered pursuant to this Section 3.01, but, prior to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption priceamount with respect to such redemption, interest on a Restructuring Event occurs, then such redemption notice shall be automatically rescinded and shall be of no force and effect, such redemption shall be cancelled, payment of the redemption amount in respect of such redemption notice shall no longer be due and payable and no such redemption of the Securities called shall take place; provided that the Trustee shall not be liable for any actions it takes until a Responsible Officer of the Trustee has actual knowledge of any such Restructuring Event. Any notice which is mailed or published in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of any Security designated for redemption ceases to accrue on and after shall not affect the validity of the proceedings for the redemption date; (7) of any other Security. The notice of redemption to each such Holder pursuant to this Section 3.01 shall specify the CUSIP numberCUSIP, if any, CINS or ISIN numbers of the Securities to be redeemed; , the date fixed for redemption, the redemption price (8) or if not then ascertainable the paragraph manner of calculation thereof), the Securities and/or place or places of payment, that payment will be made upon presentation and surrender of such Securities, that interest accrued to the section of the Indenture pursuant to which the Securities called date fixed for redemption are being redeemed; and (9) that no representation is made will be paid as to the correctness or accuracy of the CUSIP number, if any, listed specified in such notice and that on and after said date, monies for the payment of the redemption price having been paid, interest thereon or printed on the Securitiesportions thereof to be redeemed will cease to accrue. At The notice of redemption of Securities pursuant to Section 3.04 or 3.05 shall be given by the Company or, at the Company’s or the Guarantor’s request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, the expense of the Company or the Guarantor; provided, however, that the Company or the Guarantor shall have delivered to the Trustee, at least 45 days prior to the date of redemption date(or such shorter period as may be acceptable to the Trustee), an 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. The notice mailed in On or before 10:00 a.m., New York City time, on the manner herein provided shall be conclusively presumed Business Day prior to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect redemption date specified in the notice of redemption given as provided in this Section 3.01, the Holder Company will deposit with the Trustee or with one or more Paying Agents or Swiss Paying Agents (or, if the Company is acting as its own Paying Agent or Swiss Paying Agent, set aside, segregate and hold in trust as provided in Section 2.04) an amount of money sufficient to redeem on the specified redemption date all the Securities so called for redemption at the appropriate redemption price, together with accrued interest to (but not including) the date fixed for redemption. The Company will deliver to the Trustee at least 10 calendar days prior to the last date on which notice of redemption may be given to Holders pursuant to the first paragraph of this Section 3.01 (or such shorter period as shall be acceptable to the Trustee) an Officers’ Certificate stating that all Securities are to be redeemed. In case of a redemption pursuant to Section 3.04, (a) prior to the expiration of any Security shall not affect the validity restriction on such redemption or (b) pursuant to an election of the proceeding for Company which is subject to a condition specified in the redemption terms of the Securities or elsewhere in this Indenture, the Company shall deliver to the Trustee, prior to the giving of any other Securitynotice of redemption to Holders pursuant to this Section, an Officers’ Certificate stating that such redemption is not prohibited by such restriction or that such condition has been complied with.

Appears in 6 contracts

Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securities, redemption will be mailed by first-class mail at least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption Redemption Date to each Holder whose of Securities to be redeemed at its registered address. In the event that less than all of the Securities are to be redeemed. The notice shall identify redeemed at any time pursuant to an optional redemption, selection of such Securities for redemption will be made by the Securities Trustee in compliance with the requirements of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interestprincipal national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Securities of a principal amount of each class of $1,000 or less shall be redeemed in part; provided, further, however, that if a partial redemption is made pursuant to the date fixed provisions described in paragraph 3, selection of the Securities or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the “redemption price”procedures of The Depository Trust Company); (3) if , unless such method is otherwise prohibited. If any Security is being to be redeemed in partpart only, the notice of redemption that relates to such Security shall state the portion of the principal amount of such Security thereof to be redeemed and that, after the redemption date, upon surrender of such Security, a redeemed. A new Security or Securities in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation surrender of the original Securities; (4) Security. On and after the name and address of the Paying Agent; (5) that Redemption Date, interest will cease to accrue on Securities or portions thereof called for redemption must be surrendered to as long as the Company has deposited with the Paying Agent to collect for the redemption price; (6) that, unless the Company defaults Securities funds in payment satisfaction of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture Redemption Price pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityIndenture.

Appears in 6 contracts

Samples: Indenture (Friedmans Management Corp), Indenture (Accredo Therapeutics Inc), Indenture (Friedmans Management Corp)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a prior to the Redemption Date, to each Holder of Securities to be redeemed, at his address appearing in the Security Register, except that redemption date, notices may be mailed more than 60 days prior to the Company shall mail a Redemption Date if the notice of redemption to each Holder whose Securities are to be redeemedis issued in connection with (i) a satisfaction and discharge of securities in accordance with Article IV or (ii) a defeasance in accordance with Article XII. The notice All notices of redemption shall identify the Securities of the series to be redeemed (including, if used, CUSIP or CINS numbers) and shall state: (1i) the redemption dateRedemption Date; (2ii) the redemption price fixed in accordance with Redemption Price; (iii) if less than all the terms of the Outstanding Securities of the series are to be redeemed, plus accrued interestthe identification (and, if any, to in the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in partcase of partial redemption, the portion principal amounts) of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (8) iv) that on the paragraph of Redemption Date the Securities and/or Redemption Price and accrued interest to, but excluding, the section of the Indenture pursuant Redemption Date will become due and payable upon each such Security to which the Securities called for redemption are being redeemedbe redeemed and that interest thereon will cease to accrue on and after such Redemption Date; and (9v) that no representation is made as the place or places where such Securities are to the correctness or accuracy be surrendered for payment of the CUSIP numberRedemption Price and accrued interest to, if anybut excluding, listed in such notice or printed on the SecuritiesRedemption Date. At Notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, at the Company’s request, the Trustee shall give the request and provision of such notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 information five days prior to the redemption datenotice being mailed, an Officers’ Certificate requesting that by the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in name and at the manner herein provided expense of the Company and shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityirrevocable.

Appears in 5 contracts

Samples: Subordinated Indenture (Greenbrier Rail Holdings I, LLC), Senior Indenture (Greenbrier Rail Holdings I, LLC), Senior Indenture (Wynne Systems Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at (a) At least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) the aggregate principal amount of Securities being redeemed; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the redemption price; (6) that, unless the Company defaults in the payment of the redemption price or accrued interest, interest on Securities called for redemption ceases to accrue on and after the redemption date and the only remaining right of the Holders is to receive payment of the redemption prices in respect of the Securities upon surrender to the Paying Agent of the Securities; (7) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original Securities; (4) the name and address Holder thereof upon cancelation of the Paying Agent; (5) that Security or Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be being redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy CUSIP number of the CUSIP number, if any, listed in such notice or printed on the Securities. . (b) At the Company’s request, the Trustee shall give the notice of redemption required in Section 3.03(a) in the Company’s name and at its the Company’s expense, ; provided, however, that the Company shall have delivered deliver to the Trustee, at least 45 days prior to the redemption datedate (unless the Trustee consents to a shorter notice period in writing), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecuritySection 3.03(a).

Appears in 5 contracts

Samples: Indenture (Chesapeake BNR Corp.), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Orc LLC)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least in Section 1.06 not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date (or within such period as otherwise specified as contemplated by Section 3.01 for the relevant Securities), the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice All notices of redemption shall identify the Securities of the series to be redeemed (including CUSIP numbers, if any) and shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);Redemption Price, (3) if less than all the Outstanding Securities of any series consisting of more than a single Security is being redeemed in partare to be redeemed, the portion identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed and, if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of the particular Security to be redeemed, (4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and thatand, after the redemption dateif applicable, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion that interest thereon will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases cease to accrue on and after said date, (5) the redemption date;place or places where each such Security is to be surrendered for payment of the Redemption Price, (6) for any Securities that by their terms may be converted, the terms of conversion, the date on which the right to convert the Security to be redeemed will terminate and the place or places where such Securities may be surrendered for conversion, and (7) that the CUSIP numberredemption is for a sinking fund, if any, such is the case. Notice of the redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or Company shall be given by the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s written request, by the Trustee shall give in the name and at the expense of the Company; provided that if the Company requests that the Trustee deliver such notice, the Company shall, at least fifteen days prior to the date on which the notice of redemption in the Company’s name and at its expense, provided, however, that the Company is required to be sent to each Holder of Securities pursuant to this Section 11.04 (unless a shorter period shall have delivered be agreed to by the Trustee), at least 45 days prior to the redemption date, deliver an Officers’ 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 5 contracts

Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Horsehead Corp)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 45 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if less than all the Outstanding Securities of any Security is being redeemed in partseries are to be redeemed, the portion identification (and, in the case of partial redemption, the principal amounts) of the principal amount of particular Securities to be redeemed; (4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and, if applicable, that interest thereon will cease to accrue on and that, after the redemption said date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that the place or places where such Securities called for redemption must are to be surrendered to for payment of the Paying Agent to collect the redemption priceRedemption Price; (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption datecase; (7) the CUSIP number, if any, of the Securities to be redeemed;; and (8) unless otherwise provided as to a particular series of Securities, if at the paragraph time of publication or mailing of any notice of redemption the Securities Company shall not have deposited with the Trustee or Paying Agent and/or irrevocably directed the section Trustee or Paying Agent to apply, from money held by it available to be used for the redemption of the Indenture pursuant Securities, an amount in cash sufficient to which redeem all of the Securities called for redemption are being redeemed; and (9) that no representation is made as redemption, including accrued interest to the correctness or accuracy Redemption Date, such notice shall state that it is subject to the receipt of the CUSIP number, if any, listed in redemption moneys by the Trustee or Paying Agent before the Redemption Date (unless such redemption is mandatory) and such notice or printed on shall be of no effect unless such moneys are so received before such date. Notice of redemption of Securities to be redeemed at the Securities. At election of the Company shall be given by the Company or, at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 5 contracts

Samples: Indenture (Oge Energy Capital Trust I), Indenture (NSP Financing Ii), Indenture (NSP Financing Ii)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption by first class mail, postage prepaid, to each Holder whose Securities are to be redeemedredeemed at its registered address. The At the Company’s request, the Trustee shall forward the notice of redemption in the Company’s name and at the Company’s expense. Each notice for redemption shall identify the Securities of (including the series CUSIP number) to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price and the terms amount of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)be paid; (3) the name and address of the Paying Agent; (4) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price plus accrued interest, if any; (5) that, unless the Company defaults in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (6) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, and upon surrender of such Security, a new Security or Securities in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption dateissued; (7) if fewer than all the CUSIP numberSecurities are to be redeemed, if any, the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed;redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; and (8) the paragraph Paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being to be redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP number. The notice, if any, listed mailed in such notice or printed on the Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, a manner herein provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of to the Holder of any Security designated for redemption in whole or in part shall not affect the validity of the proceeding proceedings for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at (a) At least 30 days but not more than 60 days before a date for redemption dateof Securities, the Company Issuers shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder's registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1i) the redemption date; (2ii) the redemption price fixed in accordance with and the terms amount of accrued interest to, but not including, the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)date; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4iii) the name and address of the Paying Agent; (5iv) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6v) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and principal amounts of the particular Securities to be redeemed; (vi) that, unless the Company defaults Issuers default in making such redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of the redemption pricethis Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (7vii) the CUSIP or ISIN number, if any, of printed on the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9viii) 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 Securities. . (b) At the Company’s requestIssuers' request (which may be revoked at any time prior to the time at which the Trustee shall have given such notice to the Holders), the Trustee shall give the notice of redemption in the Company’s name Issuers' names and at its the Issuers' expense. In such event, provided, however, that the Company Issuers shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section.

Appears in 4 contracts

Samples: Indenture (Dex Media International Inc), Indenture (Dex Media Inc), Indenture (Dex Media Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3c) if the name and address of the Paying Agent; (d) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (e) that, unless the Company defaults in making such redemption payment, interest on Securities called for redemption ceases to accrue on and after the redemption date; (f) that any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Securitiesoriginal; (4g) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (9h) 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 Securities. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense, ; provided, however, that the Company shall have delivered to the Trustee, at least 45 30 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Senior Indenture (Pegasus Communications Corp), Subordinated Indenture (Pegasus Communications Corp), Senior Indenture (Pegasus Communications Corp)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for in Section 10.2 not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose Securityholder of Securities are to be redeemed. The Trustee shall give notice of redemption in the Issuers’ names and at the Issuers’ expense; provided, however, that the Issuers shall identify deliver to the Securities of Trustee, at least 45 days prior to the series Redemption Date, an Officers’ Certificate requesting that the Trustee give such notice at the Issuers’ expense and setting forth the information to be redeemed and stated in such notice as provided in the following items. All notices of redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed and the amount of accrued interest to the Redemption Date payable as provided in accordance with the terms of the Section 5.7, if any, (3) if less than all outstanding Securities of the series are to be redeemed, plus the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption, (4) in case any Security is to be redeemed in part only, the notice which relates to such Security shall state that on and after the Redemption Date, upon surrender of such Security, the Securityholder will receive, without charge, a new Security or Securities of authorized denominations for the principal amount thereof remaining unredeemed, (5) that on the Redemption Date the redemption price (and accrued interest, if any, to the date fixed Redemption Date payable as provided in Section 5.7) will become due and payable upon each such Security, or the portion thereof, to be redeemed, and, unless the Issuers default in making the redemption payment, that interest on Securities called for redemption (or the “redemption price”);portion thereof) will cease to accrue on and after said date, (36) if any Security is being redeemed in part, the portion place or places where such Securities are to be surrendered for payment of the principal amount of such Security to be redeemed redemption price and thataccrued interest, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities;if any, (47) the name and address of the Paying Agent;, (5) 8) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price;, (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (79) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) and that no representation is made as to the accuracy or correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Securities. At , and (10) the Company’s request, paragraph of the Trustee shall give Securities pursuant to which the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information Securities are to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredeemed.

Appears in 4 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp)

Notice of Redemption. Except as otherwise provided as Notice of redemption to any particular series the Holders of SecuritiesSecurities to be redeemed shall be given by the Issuer by mailing notice of such redemption by first class mail, postage prepaid, at least 30 days but and not more than 60 days before a redemption date, the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, prior to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed to such Holders of Securities at their last addresses as they shall appear in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 SecuritiesRegister. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure Failure to give such notice by mail mail, or any defect in the notice of to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceeding proceedings for the redemption of any other Security. The notice of redemption to each Holder shall specify that the Securities are being redeemed pursuant to this Article 11, the date fixed for redemption, the place or places of payment, the CUSIP and ISIN numbers (as applicable), that payment will be made upon presentation and surrender of the Securities, that interest accrued to the date fixed for redemption will be paid as specified in this Article and that, on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. The notice of redemption of Securities to be redeemed at the option of the Issuer shall be given by the Issuer or, at the Issuer's request, by the Trustee in the name and at the expense of the Issuer. At least one Business Day prior to the redemption date specified in the notice of redemption given as provided in this Section 11.2, the Issuer shall deposit with the Trustee or with one or more paying agents (or, if the Issuer is acting as its own paying agent, set aside, segregate and hold in trust as provided in Section 3.4 hereof) an amount of money sufficient to redeem on the redemption date all the Securities so called for redemption.

Appears in 4 contracts

Samples: Senior Debt Securities Indenture (NRG Energy Inc), Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)

Notice of Redemption. Except as otherwise provided as to any particular Notice of redemption shall be given by first-class mail, postage prepaid, mailed (or if the Securities of the applicable series of are represented by one or more Global Securities, at least 30 days but transmitted in accordance with the Depositary’s customary procedures therefor) not less than 10 nor more than 60 days before prior to the Redemption Date, unless a redemption dateshorter period is specified in the Securities to be redeemed, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price or if not then ascertainable, the terms manner of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)calculation thereof; (3) if less than all the Outstanding Securities of any series consisting of more than a single Security is being redeemed in partare to be redeemed, the portion identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed and, if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of such the particular Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) 4) that on the paragraph Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date; (5) the place or places where each such Security is to be surrendered for payment of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedRedemption Price; (6) applicable CUSIP numbers, if any; and (97) that no representation the redemption is made as for a sinking fund, if such is the case. Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s written request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, the expense of the Company; provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, Trustee an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided above. A notice of redemption may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the preceding paragraph. The notice mailed in Company’s discretion, the manner herein provided shall redemption date may be conclusively presumed postponed until up to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in 60 days following the notice of redemption, and such notice may be rescinded in the Holder of event that any Security or all such conditions shall not affect the validity of the proceeding for have been satisfied by the redemption date (including as it may be postponed). The Company shall provide written notice to the Trustee prior to the close of business two Business Days prior to the Redemption Date if any other Securitysuch redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder.

Appears in 4 contracts

Samples: Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemedRedemption Price, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);, (3) if any Security is being redeemed in partless than all the Outstanding Securities are to be redeemed, the portion identification (and, in the case of partial redemption of any Securities, the principal amounts) of the principal amount of such Security particular Securities to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities;redeemed, (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price;Redemption Price, (65) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed and that, unless the Company defaults in payment of making the redemption pricepayment, interest on Securities called for redemption ceases thereon will cease to accrue on and after said date, (6) the redemption date;place or places where such Securities are to be surrendered for payment of the Redemption Price. (7) the CUSIP number, if any, any of the Securities are being redeemed in part, that on or after the redemption date a new Security in principal amount equal to the unredeemed portion thereof will be redeemed;issued, (8) the paragraph provision of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and, (9) the aggregate principal amount of Securities that no representation is made as to are being redeemed, and (10) the correctness or accuracy CUSIP number of the CUSIP numberSecurities that are being redeemed. Notice of redemption of Securities to be redeemed shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 4 contracts

Samples: Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least 30 days but postage prepaid, mailed not less than 45 nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and at his address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice of redemption appearing in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such Security Register. Any notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given given, whether or not the such Holder receives such the notice. In any case, failure Failure to give such notice by mail mail, or any defect in the notice of the to any such Holder in respect of any Security Security, shall not affect the validity of the proceeding proceedings for the redemption of any other Security. All notices of redemption shall state: (1) the Redemption Date, (2) the Redemption Price and any accrued interest, (3) if less than all the Outstanding Securities of any series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed, (4) that on the Redemption Date the Redemption Price and any accrued interest will become due and payable upon each such Security to be redeemed together with accrued interest thereon and, if applicable, that interest thereon will cease to accrue on and after said date, (5) the place or places where such Securities are to be surrendered for payment of the Redemption Price and any accrued interest, (6) that the redemption is for a sinking fund, if such is the case, and (7) the CUSIP number of the Securities being redeemed. Notice of redemption of Securities to be redeemed at the election of the Issuers shall be given by the Issuers or, at the Issuers' request, by the Trustee in the name and at the expense of the Issuers.

Appears in 4 contracts

Samples: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp)

Notice of Redemption. Except as Unless otherwise provided as to any indicated for a particular series of SecuritiesSeries by Board Resolution, Officer’s Certificate or supplemental indenture, at least 30 days but not more than 60 days before a redemption date, the Company shall mail Issuer will deliver a notice of redemption to each Holder whose Securities are to be redeemedredeemed in accordance with Section 10.1, except that redemption notices may be given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article VIII hereof. The notice shall identify the Securities of the series to be redeemed and shall corresponding CUSIP, ISIN or Common Code numbers, as applicable, and will state: (1a) the redemption date; (2b) the redemption price fixed in accordance with and the terms amount of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)be paid; (3c) if any Global Security is being redeemed in part, the portion of the principal amount of such Global Security to be redeemed and that, after the redemption date upon surrender of such Global Security, the principal amount thereof will be decreased by the portion thereof redeemed pursuant thereto; (d) if any Certificated Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed redeemed, and that, after the redemption date, upon surrender of such Security, a new Certificated Security or Certificated Securities in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original SecuritiesCertificated Security; (4e) the name and address of the Paying AgentAgent(s) to which the Securities are to be surrendered for redemption; (5f) that Securities called for redemption must be surrendered to the relevant Paying Agent to collect the redemption price, plus accrued and unpaid interest, if any; (g) that, unless the Issuer defaults in making such redemption payment, interest on Securities called for redemption cease to accrue on and after the redemption date; (h) that Securities of the Series called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6i) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (9j) that no representation is made as to the correctness or accuracy of the CUSIP numberCUSIP, ISIN or Common Code numbers, if any, listed in such notice or printed on the Securities. At the CompanyIssuer’s written request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense, ; provided, however, that the Company shall have Issuer has delivered to the Trustee, at least 45 40 days prior to the redemption datedate (or such shorter period of time as the Trustee may permit), an Officers’ 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Celanese Americas LLC), Indenture (Celanese Global Relocation LLC), Indenture (Celanese Global Relocation LLC)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a date for redemption dateof Securities pursuant to Section 3.07, the Company shall mail send, or cause to be sent (in the case of Securities held in book-entry form, by electronic transmission) a notice of redemption to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address or otherwise in accordance with the procedures of the Depositary. Notwithstanding the above, when notice has to be given to a holder of a global security (including any notice of redemption) such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. Notices to the Trustee may be given by email in PDF format. Notices of redemption may be subject to one or more conditions precedent. The notice shall identify the Securities of the series to be redeemed (including the Issue Date and, if applicable, the certificate number) and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (54) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (5) if fewer than all the Outstanding Securities are to be redeemed, the identification and principal amounts of the particular Securities to be redeemed; (6) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP “CUSIP” number, ISIN or “Common Code” number, if any, of printed on the Securities to be being redeemed; (8) the paragraph or subparagraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; (9) any conditions precedent to the redemption of the Securities; and (910) that no representation is made as to the correctness or accuracy of the CUSIP “CUSIP” number, ISIN, or “Common Code” number, if any, listed in such notice or printed on the Securities. At the Company’s request, the Trustee shall give the notice of redemption set forth in this Section 3.03 in the Company’s name and at its the Company’s expense. In such event, provided, however, that the Company shall have provide the Trustee with an Officer’s Certificate delivered to the Trustee, at least 45 days five Business Days prior to the redemption date, an Officers’ Certificate date that notification will be sent to the Holders pursuant to this Section 3.03 (unless the Trustee consents to a shorter period) requesting that the Trustee give such notice of redemption and setting forth attaching the form of notice containing the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section.

Appears in 4 contracts

Samples: Subordinated Indenture (Mbia Inc), Indenture (Mbia Inc), Subordinated Indenture (Mbia Inc)

Notice of Redemption. Except as otherwise provided as to any particular Notice of redemption shall be given by first-class mail, postage prepaid, mailed (or if the Securities of the applicable series of are represented by one or more Global Securities, at least transmitted in accordance with the Depositary’s customary procedures therefor) not less than 30 days but not nor more than 60 days before prior to the Redemption Date, unless a redemption dateshorter period is specified in the Securities to be redeemed, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price or if not then ascertainable, the terms manner of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)calculation thereof; (3) if less than all the Outstanding Securities of any series consisting of more than a single Security is being redeemed in partare to be redeemed, the portion identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed and, if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of such the particular Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) 4) that on the paragraph Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date; (5) the place or places where each such Security is to be surrendered for payment of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedRedemption Price; (6) applicable CUSIP numbers, if any; and (97) that no representation the redemption is made as for a sinking fund, if such is the case. Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, the expense of the Company; provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption dateRedemption Date (or such shorter period as may be satisfactory to the Trustee), an Officers’ 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 paragraphabove. The Any notice mailed in the manner herein provided of redemption pursuant to this Section shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityirrevocable.

Appears in 4 contracts

Samples: Indenture (Anheuser-Busch InBev SA/NV), Indenture (Anheuser-Busch InBev S.A.), Indenture (Anheuser-Busch InBev Worldwide Inc.)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, unless a shorter period is specified by the Company shall terms of that series as contemplated by Section 2.02, the Issuer will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 or 11 of this Indenture. Any notice that is mailed to the Holders of Securities in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. The notice shall will identify the Securities of the series to be redeemed and shall will state: (1) the redemption date; (2) the redemption price fixed in accordance with price, including the terms of the Securities of the series to be redeemed, plus accrued interestinterest and Additional Amounts, if any, to the redemption date fixed for redemption (the “redemption price”)and any make-whole amount or premium, if applicable; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities of the same series and tenor in principal amount equal to the unredeemed portion will be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the Place of Payment to collect the redemption priceprice or to convert (if applicable); (6) that, unless the Company Issuer defaults in payment of the making such redemption pricepayment, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture or any indenture supplemental hereto pursuant to which the Securities called for redemption are being redeemed; and; (9) 8) 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 Securities; (9) that the redemption is for a sinking fund, if applicable; and (10) if applicable, that a Holder of Securities who desires to convert Securities in connection with a redemption must satisfy the requirements for conversion contained in such Securities, the then existing conversion price or rate, and the date and time when the option to convert shall expire. At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its their expense, ; provided, however, that the Company shall have Issuer has delivered to the Trustee, at least 45 days (or such shorter period of time as is satisfactory to the Trustee) prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Realty Limited Partnership)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed by first class mail a notice of redemption to each Holder whose of Securities are to be redeemedredeemed at its registered address. The notice shall identify the Securities of the series to be redeemed (including CUSIP number) and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Securitiesissued; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 8) 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 Securities. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; PROVIDED, provided, howeverHOWEVER, that the Company shall have delivered to the Trustee, at least 45 40 days prior to the redemption date, unless the Trustee shall agree to a shorter period, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of to the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but (or not less than 15 days in the case of convertible Securities) nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at the address of such Holder appearing in the register of Securities maintained by the Registrar. The notice All notices of redemption shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price (or the terms method of calculating or determining the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”Redemption Price); (3) that, unless the Company defaults in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (4) if any Security is being to be redeemed in part, the portion of the principal amount thereof to be redeemed and that on and after the Redemption Date, upon surrender for cancellation of such Security to be redeemed and that, after the redemption date, upon surrender of such SecurityPaying Agent, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of without charge to the original Securities; (4) the name and address of the Paying AgentHolder; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price and the name and address of the Paying Agent; (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking or analogous fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption datecase; (7) if such Securities are convertible into or exchangeable for capital stock, other debt securities (including Securities), warrants, other equity securities or any other securities or property of the Company or any other Person, the name and address of the conversion or exchange agent, the date on which the right to convert or exchange is terminated and the conversion or exchange rate; and (8) the CUSIP number, if any, relating to such Securities. Notice of the redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or Company shall be given by the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s written request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 4 contracts

Samples: Indenture (Westlake Chemical Corp), Indenture (Civeo Corp), Indenture (Civeo Corp)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a prior to the Redemption Date, to each Holder of Securities to be redeemed, at his address appearing in the Security Register, except that redemption date, notices may be mailed more than 60 days prior to the Company shall mail a Redemption Date if the notice of redemption to each Holder whose Securities are to be redeemedis issued in connection with (i) a satisfaction and discharge of securities in accordance with Article IV or (ii) a defeasance in accordance with Article XII. The notice All notices of redemption shall identify the Securities of the series to be redeemed (including, if used, CUSIP or CINS numbers) and shall state: (1i) the redemption dateRedemption Date; (2ii) the redemption price fixed in accordance with Redemption Price; (iii) if less than all the terms of the Outstanding Securities of the series are to be redeemed, plus accrued interestthe identification (and, if any, to in the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in partcase of partial redemption, the portion principal amounts) of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (8) iv) that on the paragraph of Redemption Date the Securities and/or Redemption Price and accrued interest to, but excluding, the section of the Indenture pursuant Redemption Date will become due and payable upon each such Security to which the Securities called for redemption are being redeemedbe redeemed and that interest thereon will cease to accrue on and after such Redemption Date; and (9v) that no representation is made as the place or places where such Securities are to the correctness or accuracy be surrendered for payment of the CUSIP numberRedemption Price and accrued interest to, if anybut excluding, listed in such notice or printed on the SecuritiesRedemption Date. At Notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, at the Company’s request, request and provision of such notice information to the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 five days prior to the redemption datenotice being mailed, an Officers’ Certificate requesting that by the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in name and at the manner herein provided expense of the Company and shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityirrevocable.

Appears in 4 contracts

Samples: Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC), Senior Indenture (United Rentals Realty, LLC), Senior Indenture (United Rentals Realty, LLC)

Notice of Redemption. Except as otherwise provided as to any particular series (a) Notice of Securities, at least 30 days but redemption shall be sent not less than 10 nor more than 60 days before a redemption dateprior to the Redemption Date to each Holder of Securities to be redeemed, the Company shall mail a in accordance with Section 1.6; provided, that such notice of redemption may be furnished, in the Company’s discretion, more than 60 days prior to each Holder whose the Redemption Date if the notice is issued in connection with a satisfaction and discharge of this Indenture with respect to Securities are to be redeemed. The notice shall identify of any series or a defeasance of the Securities pursuant to Articles IV or XIII hereof. All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price (or the terms method of calculating or determining the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”Redemption Price); (3) if less than all the Outstanding Securities of like tenor of any series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed; (4) in case any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed in part only, the notice which relates to such Security shall state that on and that, after the redemption dateRedemption Date, upon surrender of such Security, the Holder of such Security will receive, without charge, a new Security or Securities in of authorized denominations for the principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agentthereof remaining unredeemed; (5) that Securities called for redemption must on the Redemption Date the Redemption Price will become due and payable upon each such Security to be surrendered redeemed and, if applicable, that interest thereon will cease to the Paying Agent to collect the redemption priceaccrue on and after said date; (6) thatthe CUSIP number and/or similar numbers of such Securities, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases if any (or any other numbers used by a Depositary to accrue on and after the redemption dateidentify such Securities); (7) the CUSIP number, if any, place or places where such Securities are to be surrendered for payment of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedRedemption Price; and (98) that the redemption is for a sinking fund, if such is the case. (b) that no representation is made as Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s requestrequest made in an Officer’s Certificate, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth notice, at least two Business Days prior to the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in date the notice of redemption is to be given (unless a shorter time period shall be acceptable to the Holder of any Security shall not affect Trustee), by the validity Trustee in the name and at the expense of the proceeding for the redemption of any other SecurityCompany.

Appears in 4 contracts

Samples: Indenture (Greenidge Generation Holdings Inc.), Indenture (Charah Solutions, Inc.), Indenture (Argo Blockchain PLC)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption by first-class mail to each Holder whose Securities are to be redeemedredeemed at such Holder's registered address; provided, however, that notice of a redemption pursuant to paragraph 6 of the Securities shall be mailed to each Holder whose Securities are to be redeemed no later than 60 days after the date of the Closing of the relevant Public Equity Offering of the Company. The Each notice of redemption shall identify the Securities of the series to be redeemed (including the CUSIP number thereon) and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) the name and address of the Paying Agent to which the Securities are to be surrendered for redemption; (4) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (5) that, unless the Company defaults in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders is to receive payment of the redemption price upon surrender to the Paying Agent; and (6) in the case of any redemption pursuant to paragraph 5 or 6 of the Securities, if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securitiesissued. At the Company’s 's request, the Trustee shall give the notice of redemption on behalf of the Company, in the Company’s 's name and at its the Company's expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Fabrene Group Inc), Indenture (St John Knits Inc), Indenture (Axia Inc)

Notice of Redemption. Except as otherwise provided as With respect to any particular series redemption of SecuritiesSecurities pursuant to Section 3.01, at least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption by first class mail to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1a) the redemption dateRedemption Date; (2b) the Redemption Price; (c) the name and address of the Paying Agent; (d) that Securities called for redemption price fixed must be surrendered to the Paying Agent in accordance with order to collect the terms Redemption Price; (e) that, unless the Company defaults in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders is to receive payment of the Redemption Price plus accrued interest to the Redemption Date upon surrender of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Paying Agent; (3f) that, if any Security is being redeemed in part, the portion of the principal amount (equal to $1,000 in principal amount or any integral multiple thereof) of such Security to be redeemed and that, on and after the redemption dateRedemption Date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedreissued; and (9g) that that, if any Security contains a CUSIP number as provided in Section 2.12, no representation is being made as to the correctness or accuracy of the CUSIP number, if any, listed number either as printed on the Securities or as contained in such the notice or of redemption and that reliance may be placed only on the other identification numbers printed on the Securities. At the Company’s request's request (which request may be revoked by the Company at any time prior to the time at which the Trustee shall have given such notice to the Holders), made in writing to the Trustee at least five days before mailing the notice to the Holders referred to in this Section 3.04, the Trustee shall give the such notice of redemption in the Company’s name and at its expense, providedthe expense of the Company. If, however, that the Company gives such notice to the Holders, the Company shall have delivered concurrently deliver to the Trustee, at least 45 days prior to the redemption date, Trustee an Officers' Certificate requesting stating that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have has been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitygiven.

Appears in 4 contracts

Samples: Indenture (Winstar Communications Inc), Senior Subordinated Deferred Interest Notes Indenture (Winstar Communications Inc), Senior Deferred Interest Notes Indenture (Winstar Communications Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 10 days but not more than 60 days before a redemption dateRedemption Date, the Company Issuer shall mail a notice of redemption by first class mail to each Holder whose Securities or portions thereof are to be redeemedredeemed at such Holder's registered address, with a copy to Trustee. The At Issuer's request, Trustee shall give the notice of redemption in Issuer's name and at Issuer's expense. Each notice for redemption shall identify the Securities of the series or portions thereof to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) the name and address of Paying Agent; (4) that Securities or portions thereof called for redemption must be surrendered to Paying Agent to collect the Redemption Price; (5) that, unless Issuer defaults in making the redemption payment, interest on Securities or portions thereof called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities or portions thereof is to receive payment of the Redemption Price upon surrender to Paying Agent of the Securities or portions thereof redeemed; (6) if any Security is being redeemed in part, the portion of the aggregate principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, and upon surrender of such Security, a new Security or Securities in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date;issued; and (7) the CUSIP number, if any, fewer than all of the Securities are to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice aggregate principal amount of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information Securities to be stated in redeemed and the aggregate principal amount of Securities to be outstanding after such notice as provided in the preceding paragraphpartial redemption. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.INDENTURE (15% Senior Subordinated)

Appears in 4 contracts

Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securitiesin Section 3.01, at least 30 days but not more than 60 days before a redemption date, Redemption Date the Company shall mail a notice of redemption by first class mail to each Holder whose Securities are to be redeemed, with a copy to the Trustee. The At the Company's request, the Trustee shall give the notice of redemption in the Company's name and at the Company's expense. Each notice for redemption shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) the name and address of the Paying Agent; (4) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price; (5) that, unless the Company defaults in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (6) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, and upon surrender of such Security, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption dateissued; (7) if fewer than all the Securities are to be redeemed, the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; and (8) the CUSIP number, if any, of the Securities relating to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Doe Run Peru Sr Ltda), Indenture (Industrial Fuels Minerals Co), Indenture (Renco Steel Holdings Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 15 days but not more than 60 days (provided that such period may be longer in the case of a redemption in connection with a Legal Defeasance, Covenant Defeasance or satisfaction and discharge pursuant to Article Eight) before a redemption dateRedemption Date, the Company Issuer shall send or cause to be sent, by first class mail (or, in the case of any Global Securities, electronically through the customary procedures of the Depositary), a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address. The notice shall identify the Series of Securities, and the principal amount of Securities of the series such Series, to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price or the terms calculation of the Securities of Redemption Price, in each case, including interest accrued and unpaid to, but not including, the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Date; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, Redemption Date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price; (6) any conditions precedent to such redemption and, if the Issuer elects to do so, that the Redemption Date may be delayed until such time as any or all such conditions shall be satisfied (or waived by the Issuer in its sole discretion); (7) that, unless the Company Issuer defaults in payment of the redemption pricepaying such Redemption Price, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemedRedemption Date; (8) the paragraph of the Securities and/or the section provision of the this Indenture or any supplemental indenture pursuant to which the Securities called for redemption are being redeemed; (9) the CUSIP, ISIN and/or Common Code number, if any, printed on the Securities being redeemed; and (910) that no representation is made as to the correctness or accuracy of the CUSIP CUSIP, ISIN and/or Common Code number, if any, listed contained in such notice or printed on the Securities and that reliance may be placed only on the other identification numbers printed on the Securities, and any such redemption shall not be affected by any defect in or omission of such numbers. At the CompanyIssuer’s written request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense, ; provided, however, that the Company Issuer shall have delivered to the Trustee, at least 45 15 days prior to the redemption dateRedemption Date, an Officers’ Officer’s Certificate pursuant to Section 2.02 requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section 3.03.

Appears in 4 contracts

Samples: Indenture (Healthpeak OP, LLC), Indenture (Physicians Realty L.P.), Indenture (Physicians Realty L.P.)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 hereof. The notice shall will identify the Securities of the series to be redeemed and shall will state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3c) if any Security Securities of any Series is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities of the same Series and in principal amount equal to the unredeemed portion will be issued upon cancellation of the original SecuritiesSecurity; (4d) the name and address of the Paying Agent; (5e) that Securities of any Series called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6f) that such redemption is pursuant to the mandatory or optional sinking fund, or both, if such be the case; (g) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities of any Series called for redemption ceases to accrue on and after the redemption date; (7h) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of this Indenture, of any resolution of the Indenture Board of Directors or Officer’s Certificate establishing the Securities of any Series or of any indenture supplemental hereto pursuant to which the Securities of such Series called for redemption are being redeemed; and (9i) 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 SecuritiesSecurities of such Series. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense, ; provided, however, that the Company shall have has delivered to the Trustee, at least 45 35 days prior to the redemption datedate (or a shorter period as agreed to by the Trustee), an Officers’ 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at least 30 days but not more than 60 days before a redemption date, the Company Issuer shall mail a notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company Issuer defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense, provided, however, that the Company Issuer shall have delivered to the Trustee, at least 45 days six Business Days prior to the redemption datedate on which notice is to be given, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes of North Carolina, Inc.), Indenture (Mobile Mini Inc)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for under Section 12.2 not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed. The At the Company’s request, the Trustee shall give notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall identify deliver to the Securities Trustee, at least 45 days prior to the Redemption Date, an Officers’ Certificate requesting that the Trustee give such notice at the Company’s expense and the form of notice that shall include the series to be redeemed and following items. All notices of redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with and the terms amount of accrued interest to the Redemption Date payable as provided under Section 5.7, if any, (3) if less than all outstanding Securities of the series are to be redeemed, plus the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption, (4) in case any Security is to be redeemed in part only, the notice which relates to such Security shall state that on and after the Redemption Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities of authorized denominations for the principal amount thereof remaining unredeemed, (5) that on the Redemption Date the redemption price (and accrued interest, if any, to the date fixed Redemption Date payable as provided under Section 5.7) will become due and payable upon each such Security, or the portion thereof, to be redeemed, and, unless the Company defaults in making the redemption payment, that interest on Securities called for redemption (or the “redemption price”);portion thereof) will cease to accrue on and after said date, (36) if any Security is being redeemed in part, the portion place or places where such Securities are to be surrendered for payment of the principal amount of such Security to be redeemed redemption price and thataccrued interest, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities;if any, (47) the name and address of the Paying Agent;, (5) 8) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and, (9) the CUSIP, Common Code and ISIN numbers, if applicable, and that no representation is made as to the accuracy or correctness or accuracy of the CUSIP numberCUSIP, Common Code and ISIN numbers, if applicable, if any, listed in such notice or printed on the Securities. At , and (10) the Company’s request, paragraph of the Trustee shall give Securities pursuant to which the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information Securities are to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredeemed.

Appears in 4 contracts

Samples: Indenture (Libbey Inc), Indenture (Libbey Inc), Indenture (Libbey Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption by first class mail, postage prepaid, to the Trustee, the Paying Agent and each Holder whose Securities are to be redeemed. The At the Company's request, the Paying Agent shall give the notice of redemption in the Company's name and at the Company's expense. Each notice for redemption shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price, including the terms amount of the Securities of the series accrued and unpaid interest to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)paid upon such redemption; (3) the name, address and telephone number of the Paying Agent; (4) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the Redemption Price; (5) that, unless the Company defaults in its obligation to deposit with the Paying Agent Cash, or U.S. Government Obligations which through the scheduled payment of principal and interest in respect thereof in accordance with their terms will provide, not later than one day before the due date of any payment, Cash in an amount to fund the Redemption Price, in accordance with Section 3.6 hereof or such redemption payment is otherwise prohibited, interest on Securities called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price, including accrued and unpaid interest to the Redemption Date, upon surrender to the Paying Agent of the Securities called for redemption and to be redeemed; (6) if any Security is being redeemed in part, the portion of the principal amount amount, equal to $1,000 or any integral multiple thereof, of such Security to be redeemed and that, after the redemption dateRedemption Date, and upon surrender of such Security, a new Security or Securities in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption dateissued; (7) if less than all the Securities are to be redeemed, the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of such Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; (8) the CUSIP number, if any, number of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation the notice is made as being sent pursuant to this Section 3.4 and pursuant to the correctness or accuracy optional redemption provisions of Paragraph 5 of the CUSIP number, if any, listed in such notice or printed on the Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 4 contracts

Samples: Indenture (Talk Radio Network Inc), Indenture (Jacor Communications Inc), Indenture (Noble Broadcast Group Inc /Oh/)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by the Trustee by Electronic Means while Bonds are in a Term Indexed Mode and a Bondholders Agreement is in effect and at all other times by first-class mail, at least not less than one Business Day (for Bonds in a Term Indexed Mode while a Bondholder Agreement is in effect and the Bonds are not registered in the name of the Securities Depository or its nominee), 15 days (for Bonds in a Daily Mode, Weekly Mode, Commercial Paper Mode, Term Indexed Mode while no Bondholder Agreement is in effect or the Bonds are registered in the name of the Securities Depository or its nominee, or weekly R-FLOATs Mode) or 30 days but not (for Bonds in any other Mode) nor more than 60 days before a redemption date, the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, prior to the date fixed for redemption, to the Bondholders Representative (if any), the Liquidity Facility Provider (if any), Credit Facility Provider (if any), and Remarketing Agent for, and the Rating Agencies then rating, the Bonds to be redeemed and the respective Holders of such Bonds at their addresses appearing on the bond registration books of the Trustee. Each notice of redemption shall state the date of such notice, the date of delivery, subseries, maturity, Interest Period, and interest rate of the Bonds to be redeemed, the date fixed for redemption, the Redemption Price, the place or places of redemption (including the “redemption price”name and appropriate address or addresses of the Trustee); , the CUSIP number (3if any) if any Security is being of the Bonds to be redeemed and, in the case of Bonds to be redeemed in partpart only, the portion of the principal amount thereof to be redeemed. Each such notice shall also state that on the redemption date there will become due and payable on each of such Security said Bonds the Redemption Price thereof or of said specified portion of the principal amount thereof in the case of a Bond to be redeemed and thatin part only, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal together with interest accrued thereon to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name date fixed for redemption, and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption pricefrom and after such date, interest on Securities called for redemption ceases such Bond shall cease to accrue on accrue, and after shall require that such Bonds be then surrendered at the address or addresses of the Trustee specified in the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securitiesnotice. At the Company’s request, the Trustee shall give the notice Notice of redemption in the Company’s name and at its expense, provided, however, that the Company of Bonds shall have delivered to be given by the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that expense of the Borrower. Failure by the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of redemption pursuant to this Section to any Liquidity Facility Provider, Credit Facility Provider, Remarketing Agent, or Rating Agency or one or more of the Holder Holders of any Security Bonds designated for redemption shall not affect the validity sufficiency of the proceeding proceedings for redemption with respect to the Holder or Holders to whom such notice was mailed. Any notice of optional redemption given pursuant to this Section may be conditional and may be rescinded by written notice given to the Trustee by the Borrower no later than 5 Business Days prior to the date specified for redemption. Notice of optional redemption of Bonds while a Credit Facility is in effect that may be drawn on to pay the Redemption Price thereof shall be conditioned on receipt by the Trustee by 1:00 p.m., New York City time, on the date fixed for redemption of sufficient funds from the Issuer or the Borrower to pay or reimburse the Credit Facility Provider for such Redemption Price and any other Securityaccrued interest on such Bonds then due. The Trustee shall give notice of such rescission (or failure to satisfy such condition), as soon thereafter as practicable, in the same manner, to the same Persons, as notice of such redemption was given pursuant to this Section.

Appears in 3 contracts

Samples: Bond Indenture (SemGroup Corp), Bond Indenture (SemGroup Corp), Bond Indenture (SemGroup Corp)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail give a notice of redemption (by mail and publication) in the manner described in Section 10.01 to each Holder whose Debt Securities are to be redeemed. Notice shall be given to such Holders in accordance with Section 10.01; provided, however, that for so long as such Debt Securities are represented in their entirety by Global Debt Securities, then notice shall be given (i) by mailing such notice to such Holder's address as it appears on the Register with a copy mailed to the Trustee and (ii) publication, but only to the extent required under applicable Argentine law. (a) The notice shall identify the Debt Securities of the series to be redeemed and shall state: (1i) the redemption dateRedemption Date; (2ii) the redemption price fixed in accordance with Redemption Price and the terms amount of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)be paid; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4iii) the name and address of the Paying Agent; (5iv) that that, subject to Section 2.13, such Debt Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price; (6v) that, unless the Company defaults in payment of making the redemption pricepayment, interest on such Debt Securities called for redemption ceases will cease to accrue on and after the redemption dateRedemption Date and the only remaining right of such Holders is to receive payment of the Redemption Price upon surrender to the Paying Agent of such Debt Securities to be redeemed (subject to the first proviso of the second sentence of Section 3.04 hereof); (7vi) if any of such Debt Securities is being redeemed in part, the CUSIP number, if any, portion of the Securities principal amount (equal to U.S.$1.00 or any integral multiple thereof) of such Debt Security to be redeemedredeemed and that, on and after the Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of such series in principal amount equal to the unredeemed portion thereof will be issued; (8) vii) the paragraph provision of the such Debt Securities and/or the section of the Indenture pursuant to which the such Debt Securities called for redemption are being redeemed; (viii) the aggregate principal amount of such Debt Securities that are being redeemed; and (9ix) that no representation is made as Subject to the correctness or accuracy of Section 2.14 hereof, the CUSIP number, if any, listed in number of such notice or printed on the Debt Securities. . (b) At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Autopistas Del Sol Sa), Indenture (Autopistas Del Sol Sa), Indenture (Autopistas Del Sol Sa)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption date, the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, prior to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) thatRedemption Date, unless the Company defaults a shorter period is specified in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) , to each Holder of Securities to be redeemed, at his address appearing in the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) Security Register. Any notice that no representation is made as mailed to the correctness or accuracy Holder of the CUSIP number, if any, listed in such notice or printed on the Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed any Securities in the manner herein provided shall be conclusively presumed to have been duly given given, whether or not the such Holder receives such the notice. In All notices of redemption shall state: (1) the Redemption Date, (2) the Redemption Price and the amount of accrued interest, if any, to be paid, (3) if less than all the Outstanding Securities of any caseseries are to be redeemed, failure to give such notice by mail or any defect the identification (and, in the case of partial redemption of any Securities, the principal amounts) of the particular Securities to be redeemed, (4) in case any Security is to be redeemed in part only, the notice which relates to such Security shall state that on and after the Redemption Date, upon surrender of such Security, the Holder of any such Security shall not affect will receive, without charge, a new Security or Securities of authorized denominations for the validity principal amount thereof remaining unredeemed, (5) that on the Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date, (6) the place or places where such Securities are to be surrendered for payment of the proceeding for Redemption Price, and (7) that the redemption is for a sinking fund, if such is the case. Notice of any other Securityredemption of Securities to be redeemed at the election of the Company shall be given by the Company or, at the Company's request, by the Trustee in the name and at the expense of the Company and shall be irrevocable.

Appears in 3 contracts

Samples: Indenture (Seagate Technology Inc), Indenture (Seagate Technology Inc), Indenture Agreement (Dell Computer Corp)

Notice of Redemption. Except as otherwise provided as to any particular series (a) Notice of Securities, at least 30 days but redemption of the Bonds will be mailed postage prepaid not less than 20 nor more than 60 days before a prior to the redemption datedate (i) by first class mail to the respective Owners of Bonds at the addresses appearing on the bond registration books of the Paying Agent, and (ii) as may be further required in accordance with the Company shall mail a Continuing Disclosure Certificate. Each notice of redemption shall contain all of the following information: (i) the date of such notice; (ii) the name of the affected Bonds and the date of issue of the Bonds; (iii) the redemption date; (iv) the redemption price, if available; (v) the dates of maturity of the Bonds to each Holder whose Securities be redeemed; (vi) if less than all of the Bonds are to be redeemed. The notice shall identify , the Securities distinctive numbers of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms Bonds of the Securities of the series each maturity to be redeemed, plus accrued interest, if any, to ; (vii) in the date fixed for redemption (the “redemption price”); (3) if any Security is being case of Bonds redeemed in partpart only, the portion respective maturities or portions of the principal amount of such Security the Bonds of each maturity to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; redeemed; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7viii) the CUSIP number, if any, of the Securities each maturity of Bonds to be redeemed; ; (8) ix) a statement that such Bonds must be surrendered by the paragraph Owners at the office of the Securities and/or Paying Agent designated for such purpose; and (x) notice that further interest on such Bonds will not accrue after the section designated redemption date. The actual receipt by any Owner of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy any Bond of the CUSIP number, if any, listed in such notice or printed on the Securities. At the Company’s request, the Trustee shall give the notice of such redemption in the Company’s name will not be a condition precedent to redemption, and at its expense, provided, however, that the Company shall have delivered failure to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives receive such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall given, will not affect the validity of the proceeding proceedings for the redemption of any other Securitysuch Bonds. When notice of redemption has been given, substantially as described above, and when the amount necessary for the payment of the redemption price, if any, is set aside for such purpose, the Bonds designated for redemption will become due and payable on the date fixed for redemption thereof, and upon presentation and surrender of said Bonds at the place specified in the notice of redemption, such Bonds will be redeemed and paid at the redemption price thereof out of the money provided therefor.

Appears in 3 contracts

Samples: Paying Agent Agreement, Paying Agent Agreement, Paying Agent Agreement

Notice of Redemption. Except as otherwise provided as Notice of redemption shall be given by first-class mail, postage prepaid, mailed not later than the 30th day, and not earlier than the 60th day, prior to any particular series the date fixed for redemption, to each Holder of SecuritiesSecurities to be redeemed, at least 30 days but not more than 60 days before a redemption datethe address of such Holder as it appears in the Securities Register. With respect to Securities of each series to be redeemed, the Company shall mail a each notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed (including CUSIP number(s), if any) and shall state: (1a) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)for Securities of such series; (3b) if any Security is being redeemed in part, the portion of the principal amount redemption price at which Securities of such Security series are to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesredeemed; (4c) if less than all Outstanding Securities of such particular series and having the name and address same terms are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (8) d) that on the paragraph date fixed for redemption, the redemption price at which such Securities are to be redeemed will become due and payable upon each such Security or portion thereof, and that interest thereon, if any, shall cease to accrue on and after said date; (e) the place or places where such Securities are to be surrendered for payment of the redemption price at which such Securities and/or the section of the Indenture pursuant are to which the Securities called for redemption are being be redeemed; and (9f) that no representation the redemption is made as for a sinking fund, if such is the case. Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's written request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to expense of the Trustee, at least 45 days prior to the redemption date, an 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 paragraphCompany. The notice if mailed in the manner herein provided shall be conclusively presumed to have been duly given given, whether or not the Holder receives such notice. In any case, a failure to give such notice by mail or any defect in the notice of to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceeding proceedings for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Western Wireless Corp), Indenture (Western Wireless Corp), Subordinated Indenture (Hartford Life Capital Iii)

Notice of Redemption. Except as Unless otherwise provided as to any for a particular series Series of SecuritiesSecurities by a Board Resolution, a supplemental indenture or an Officers’ Certificate, at least 30 days but not more than 60 days before a date for redemption dateof Securities, the Company Issuer shall mail send a notice of redemption to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, upon the satisfaction of any conditions to such redemption set forth in the notice of redemption, and unless the Company Issuer defaults in making such redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of the redemption pricethis Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section provision of the this Indenture pursuant to which the Securities called for redemption are being redeemed; (8) the CUSIP or ISIN number, if any, printed on the Securities being redeemed; and (9) 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 Securities. In addition, if such redemption is subject to the satisfaction of one or more conditions precedent, such notice shall describe each such condition and, if applicable, shall state that, in the Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, 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 by the redemption date stated in such notice, or by the redemption date as so delayed. At the CompanyIssuer’s requestwritten request in accordance with Section 3.01 hereof, the Trustee shall give the notice of redemption as provided to it in the CompanyIssuer’s name and at its the Issuer’s expense. In such event, provided, however, that the Company Issuer shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section.

Appears in 3 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Indenture (Priceline Group Inc.), Indenture (Priceline Group Inc.)

Notice of Redemption. Except as Unless otherwise provided as to any indicated for a particular series of SecuritiesSeries by Board Resolution, a supplemental indenture hereto or an Officers’ Certificate, at least 30 days but not more than 60 days before a redemption date, the Company shall mail will deliver a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 10 hereof. The notice shall will identify the Securities of the series to be redeemed and shall will state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3c) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original SecuritiesSecurity; (4d) the name and address of the Paying Agent; (5e) that Securities of the Series called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6f) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities of the Series called for redemption ceases to accrue on and after the redemption date; (7g) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and; (9h) 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 Securities; and (i) any condition to such redemption. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense, ; provided, however, that the Company shall have has delivered to the Trustee, at least 45 days prior two Business Days before notice of redemption is required to be delivered to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the redemption dateTrustee), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Equinix Inc), Indenture (Equinix Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption by first class mail, postage prepaid, to the Trustee and each Holder whose Securities are to be redeemedredeemed to such Holder's last address as then shown upon the books of the Registrar. The At the Company's request, the Trustee shall give the notice of redemption in the Company's name and at the Company's expense. Each notice for redemption shall identify the Securities of the series to be redeemed and shall state: (1a) the redemption dateRedemption Date; (2b) the redemption price fixed in accordance with Redemption Price, including the terms amount of the Securities of the series to be redeemed, plus accrued and unpaid interest, if any, to the date fixed for redemption (the “redemption price”)be paid upon such redemption; (3c) the name, address and telephone number of the Paying Agent; (d) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the Redemption Price; (e) that, unless (i) with respect to a redemption pursuant to Paragraph 5(a) of the Securities, the Company defaults in its obligation to deposit cash with the Paying Agent in accordance with Section 3.06 hereof or (ii) such redemption payment is prohibited pursuant to Article 12 hereof or other laws, the interest on securities (or portion thereof) called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price, as the case may be, including any accrued and unpaid interest to the Redemption Date, upon surrender to the Paying Agent of the Securities called for redemption and to be redeemed; (f) if any Security is being redeemed in part, the portion of the principal amount amount, equal to $1,000 or any integral multiple thereof, of such Security to be redeemed and that, on or after the redemption dateRedemption Date, and upon surrender of such Security, a new Security or Securities in a principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securitiesissued; (4g) if less than all the name and address Securities are to be redeemed, the identification of the Paying Agentparticular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of such Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7h) the CUSIP number, if any, number of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9i) that no representation the notice is made as being sent pursuant to this Section 3.04 and pursuant to the correctness or accuracy optional redemption provisions of Paragraph 5(a) of the CUSIP number, if any, listed in such notice Securities or printed on the special redemption provisions of Paragraph 5(b) of the Securities. At , as the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitycase may be.

Appears in 3 contracts

Samples: Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co Inc), Indenture (Price Communications Corp)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as in Section 1.6 to any particular series the Holders of Securities, at least Securities to be redeemed not less than 30 days but not nor more than 60 days before a redemption date, prior to the Company shall mail a notice Redemption Date. All notices of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if less than all the Outstanding Securities of any Security is being redeemed in partseries are to be redeemed, the portion identification (and, in the case of partial redemption, the principal amounts) of the principal amount of such Security particular Securities to be redeemed redeemed, and that, a statement to the effect that on or after the redemption date, Redemption Date upon surrender of such Security, Security a new Security or Securities in the principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesissued; (4) that on the name Redemption Date the Redemption Price will become due and address of the Paying Agentpayable upon each such Security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date; (5) that the place or places where such Securities, together in the case of Bearer Securities called for redemption must with all coupons appertaining thereto, if any maturing after the Redemption Date, are to be surrendered to for payment of the Paying Agent to collect the redemption priceRedemption Price; (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption date;case; and (7) if applicable, the CUSIP numberconversion rate or price, if any, of the date on which the right to convert the Securities to be redeemed; (8) redeemed will terminate and the paragraph of the place or places where such Securities and/or the section of the Indenture pursuant to which the Securities called may be surrendered for redemption are being redeemed; and (9) 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 Securitiesconversion. At the Company’s request, the Trustee shall give the A notice of redemption published as contemplated by Section 1.6 need not identify particular Registered Securities to be redeemed. Notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, at the Company's request, by the Trustee in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (United States Surgical Corp), Indenture (United States Surgical Corp), Indenture (United States Surgical Corp)

Notice of Redemption. Except as otherwise provided as In the case of an optional redemption pursuant to any particular series the provisions of Xxxxxxxxx 0, Xxxxxxxxx 6 or Paragraph 7 of the Securities, at least 30 days but not more than 60 days before a redemption dateRedemption Date (subject to Section 3.07), the Company Issuer shall mail a notice of redemption deliver electronically in pdf format or send, by first class mail, postage prepaid, to each Holder whose Securities are to be redeemedredeemed at its registered address except that redemption notices may be delivered electronically in pdf format or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of the Indenture pursuant to Article 8 hereof. The At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at the Issuer’s expense. Each notice for redemption shall identify the Securities of the series to be redeemed (including the CUSIP number(s), if any) and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price and the terms amount of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)be paid; (3) the name and address of the Paying Agent; (4) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price plus accrued interest, if any; (5) that, unless the Issuer defaults in making the redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (6) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, and upon surrender of such Security, a new Security or Securities in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation surrender of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption dateSecurity; (7) if fewer than all the CUSIP numberSecurities are to be redeemed, if any, the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed;redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; and (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredeemed.

Appears in 3 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at the address of such Holder appearing in the Security register maintained by the Registrar. The notice All notices of redemption shall identify the Securities of the series to be redeemed and shall state: (1a) the redemption dateRedemption Date; (2b) the Accreted Value to be paid; (c) that, unless the Company defaults in making the redemption price fixed payment, Securities called for redemption cease to accrete in accordance with value on and after the terms Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Accreted Value upon surrender to the Paying Agent of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3d) if any Security is being to be redeemed in part, the portion of the Accreted Value (equal to $1,000 principal amount at maturity or any integral multiple thereof) of such Security to be redeemed and that, that on and after the redemption dateRedemption Date, upon surrender for cancellation of such Securityoriginal Security to the Paying Agent, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of without charge to the original SecuritiesHolder; (4) the name and address of the Paying Agent; (5e) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price and the name and address of the Paying Agent; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7f) the CUSIP number, if any, of the Securities relating to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that such Securities, but no representation is made as to the correctness or accuracy of any such CUSIP numbers; and (g) the CUSIP numberparagraph of the Securities pursuant to which the Securities are being redeemed. Notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's written request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 20 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail or cause to be mailed a notice of redemption to each Holder whose of Securities are to be redeemedredeemed at such Holder's address as it appears on the Primary Registrar's books. The notice shall identify the Securities of the series (including CUSIP numbers) to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the Redemption Price; (3) the then current Conversion Price; (4) the name and address of each Paying Agent and Conversion Agent; (5) that Securities called for redemption price fixed must be presented and surrendered to a Paying Agent to collect the Redemption Price; (6) that Holders who wish to convert Securities must surrender such Securities for conversion no later than the close of business on the Business Day immediately preceding the Redemption Date and must satisfy the other requirements in accordance with the terms paragraph 8 of the Securities; (7) that, unless the Company defaults in making the redemption payment, interest on Securities called for redemption shall cease accruing on and after the Redemption Date and the only remaining right of the series Holder shall be to be redeemedreceive payment of the Redemption Price, plus accrued interest, if any, any upon presentation and surrender to a Paying Agent of the date fixed for redemption (the “redemption price”);Securities; and (3) 8) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, upon presentation and surrender of such Security, a new Security or Securities in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, issued. If any of the Securities to be redeemed; (8) redeemed is in the paragraph form of a Global Security, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Securities and/or the section of the Indenture pursuant Depositary applicable to which the Securities called for redemption are being redeemed; and (9) 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 Securitiesredemptions. At the Company’s 's written request, which request shall (i) be irrevocable once given and (ii) set forth all relevant information required by clauses (1) through (8) of the preceding paragraph, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Purchase Agreement (Citigroup Inc), Indenture (Citigroup Inc), Indenture (Chippac Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 15 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemedredeemed at such Holder’s address as shown on the register kept by the Registrar, and to beneficial owners as required by applicable law. The notice shall identify the Securities of the series (including CUSIP numbers, if any) to be redeemed and shall state: (1i) the redemption dateRedemption Date; (2ii) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the Redemption Price per $1,000 principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4iii) the Conversion Price per $1,000 principal amount of Securities; (iv) the name and address of the Paying Agent and Conversion Agent; (5v) that Securities called for redemption may be converted at any time before the close of business on the Business Day immediately preceding the Redemption Date; (vi) that Holders who want to convert Securities must satisfy the requirements set forth in Section 7 of the Securities; (vii) that Securities called for redemption must be surrendered to the Paying Agent in order to collect the redemption priceRedemption Price; (6viii) that, unless the Company defaults in payment of the redemption price, that interest on Securities called for redemption ceases to accrue on and after the Redemption Date (unless funds in the requisite amount are not paid or made available for payment on that date), and the amount of interest accrued on the Securities called for redemption dateup to but not including the Redemption Date; (7ix) if less than all of any Security is to be redeemed, the principal amount of such Security to be redeemed; (x) the CUSIP number, if any, of printed on the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9xi) 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 Securities. At If any of the Company’s requestSecurities to be redeemed is in the form of a Global Security, then the Company shall modify such notice to the extent necessary to accord with the Applicable Procedures. Upon ten days prior notice to the Trustee, the Company may request that the Trustee shall give mail the notice of redemption (prepared by the Company) in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.)

Notice of Redemption. Except as Unless specified otherwise provided as to any particular series in a Supplemental Indenture or Officer’s Certificate, notice of Securitiesredemption shall be given by first-class mail, at least 30 days but postage prepaid, mailed or otherwise in accordance with the Applicable Procedures not less than 10 nor more than 60 days before prior to the Redemption Date (or within such period as otherwise specified as contemplated by Section 3.1 for Securities of a redemption dateseries), the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at such Holder’s address appearing in the Security Register. The notice All notices of redemption shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price (or the terms method of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption calculating such price); (3) if less than all the Outstanding Securities of any series consisting of more than a single Security is being redeemed in partare to be redeemed, the portion of the identification and principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (8) 4) that on the paragraph Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date; (5) the place or places where each such Security is to be surrendered for payment of the Redemption Price; (6) if such be the case, that the installment of interest on Securities and/or whose Stated Maturity is the section Redemption Date is payable to the Persons in whose names such Securities are registered at the close of business on the Indenture pursuant to which Regular Record Date immediately preceding the Securities called Redemption Date; (7) that the redemption is for redemption are being redeemeda sinking fund, if such is the case; and (9) 8) if applicable, the CUSIP numbers of the Securities of such series; provided, however, that no representation is will be made as to the correctness or accuracy of the CUSIP number, or any similar number, if any, listed in such notice or printed on the Securities. At Notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, at the Company’s request, request at least 5 Business Days prior to the Trustee shall give mailing of the notice of redemption (which may be rescinded or revoked at any time prior to the time at which the Trustee shall have given such notice to the Holders), by the Trustee in the Company’s name and at its expense, provided, however, that the Company shall have delivered to expense of the Trustee, at least 45 days prior to the redemption date, an 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 paragraphCompany. The notice mailed notice, if sent in the manner herein provided provided, shall be conclusively presumed to have been duly given given, whether or not the Holder receives such notice. In any case, failure to give receive such notice by mail or otherwise in accordance with the Applicable Procedures or any defect in the notice of to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceeding proceedings for the redemption of any other SecuritySecurities.

Appears in 3 contracts

Samples: Indenture (Chevron Corp), Indenture (Chevron Usa Inc), Indenture (Chevron Corp)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a date for redemption dateof Securities, the Company AK Steel shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4c) the name and address of the Paying Agent; (5d) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6e) if fewer than all the outstanding Securities are to be redeemed, the identification and principal amounts of the particular Securities to be redeemed; (f) that, unless the Company AK Steel defaults in making such redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of the redemption pricethis Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (7g) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9h) the CUSIP number, if any, of the Securities and 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 Securities. At the Company’s AK Steel's request, the Trustee shall give the notice of redemption in the Company’s AK Steel's name and at its AK Steel's expense. In such event, provided, however, that the Company AK Steel shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section 3.3.

Appears in 3 contracts

Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be delivered electronically or by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);Redemption Price, (3) if less than all the Outstanding Securities of any Security is being redeemed in partseries are to be redeemed, the portion identification (and, in the case of partial redemption of any Securities, the principal amount) of the principal amount of particular Securities to be redeemed, (4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and thatand, after the redemption dateif applicable, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion that interest thereon will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases cease to accrue on and after the redemption said date;, (75) in the CUSIP numbercase of any Securities that are convertible pursuant to Article XIV, if anythe conversion price or rate, the date on which the right to convert the principal of the Securities to be redeemed;redeemed will terminate and the place or places where such Securities may be surrendered for conversion, (6) the place or places where such Securities are to be surrendered for payment of the Redemption Price, (7) that the redemption is for a sinking fund, if such is the case, and (8) applicable CUSIP Numbers. Notice of redemption of Securities to be redeemed at the paragraph election of the Securities and/or Company shall be given by the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s request, the Trustee shall give request and with the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered information provided to the Trustee, by the Trustee in the name and at the expense of the Company and shall be irrevocable; provided, in the latter case, the Company will give the Trustee at least 45 days ten days’ prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity date of the proceeding for giving of the notice (unless a shorter notice shall be satisfactory to the Trustee). Notice of redemption of any other SecuritySecurities to be redeemed at the election of the Company received by the Trustee shall be given by the Trustee to each Paying Agent in the name of and at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, unless a shorter period is specified by the Company shall terms of that series as contemplated by Section 2.02, the Issuer will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 or 11. Any notice that is mailed to the Holders of Securities in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. The notice shall will identify the Securities of the series to be redeemed and shall will state: (1) the redemption date; (2) the redemption price fixed in accordance with price, including the terms of the Securities of the series to be redeemed, plus accrued interestinterest and Additional Amounts, if any, to the redemption date fixed for redemption (the “redemption price”)and any make-whole amount or premium, if applicable; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities of the same series and tenor in principal amount equal to the unredeemed portion will be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the Place of Payment to collect the redemption priceprice or to convert (if applicable); (6) that, unless the Company Issuer defaults in payment of the making such redemption pricepayment, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture or any indenture supplemental hereto pursuant to which the Securities called for redemption are being redeemed; and; (9) 8) 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 Securities; (9) that the redemption is for a sinking fund, if applicable; and (10) if applicable, that a Holder of Securities who desires to convert Securities in connection with a redemption must satisfy the requirements for conversion contained in such Securities, the then existing conversion price or rate, and the date and time when the option to convert shall expire. At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its their expense, ; provided, however, that the Company shall have Issuer has delivered to the Trustee, at least 45 days (or such shorter period of time as is satisfactory to the Trustee) prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Ventas Realty Limited Partnership), Indenture (Ventas Realty Limited Partnership), Indenture (Ventas Inc)

Notice of Redemption. Except Unless otherwise specified as otherwise -------------------- contemplated by Section 3.1, notice of redemption shall be given in the manner provided as to any particular series of Securities, at least in Section 1.6 not less than 30 days but not nor more than 60 days before a redemption date, prior to the Company shall mail a notice Redemption Date to the Holders of redemption to each Holder whose the Securities are of any series to be redeemed. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if fewer than all the Outstanding Securities of a series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Security or Securities to be redeemed; (4) in case any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed in part only, the notice which relates to such Security shall state that on and that, after the redemption dateRedemption Date, upon surrender of such Security, the Holder will receive, without a charge, a new Security or Securities in of such series of authorized denominations for the principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agentthereof remaining unredeemed; (5) the Place or Places of Payment where such Securities maturing after the Redemption Date are to be surrendered for payment for the Redemption Price; (6) that Securities of the series called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price; (67) that, unless on the Company defaults in payment of Redemption Date, the redemption priceRedemption Price will become due and payable upon each such Security, or the portion thereof, to be redeemed and, if applicable, that interest on Securities called for redemption ceases thereon will cease to accrue on and after the redemption said date; (7) 8) that the CUSIP numberredemption is for a sinking fund, if any, of such is the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedcase; and (9) that no representation is made as to if applicable, the correctness or accuracy CUSIP number for the Securities of the CUSIP numberseries called for redemption. Notice of redemption of Securities to be redeemed shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (St Paul Bancorp Inc), Indenture (Farmland Industries Inc), Indenture (St Paul Bancorp Inc)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for in Section 12.2 not less than 30 days but not nor more than 60 days before prior to the Redemption Date, to each Holder of Securities to be redeemed, except that redemption notices may be given more than 60 days prior to a Redemption Date if such notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture. Notice of any redemption datemay, at the Company’s discretion, be subject to one or more conditions precedent. The Trustee shall give notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall mail deliver to the Trustee, at least 45 days prior to the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice at the Company’s expense and setting forth the information to be stated in such notice as provided in the following items. All notices of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed and the amount of accrued interest and Additional Amounts, if any, to the Redemption Date payable as provided in accordance with the terms of the Section 5.6; (3) if less than all outstanding Securities of the series are to be redeemed, plus the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; (4) in case any Securities are is to be redeemed in part only, the notice which relates to such Securities shall state that on and after the Redemption Date, upon surrender of such Securities, the Holder will receive, without charge, a new Security or Securities of authorized denominations for the principal amount thereof remaining unredeemed; (5) that on the Redemption Date the redemption price (and accrued interest, if any, to the date fixed Redemption Date payable as provided in Section 5.6) will become due and payable upon each such Security, or the portion thereof, to be redeemed, and, unless the Company defaults in making the redemption payment, that interest and Additional Amounts, if any, on Securities (or the portions thereof) called for redemption (the “redemption price”)will cease to accrue on and after said date; (36) if any Security is being redeemed in part, the portion place or places where such Securities are to be surrendered for payment of the principal amount of such Security to be redeemed Redemption Price and thataccrued interest, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesif any; (47) the name and address of the Paying Agent; (5) 8) that Securities called for redemption (other than a Global Security) must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (79) the CUSIP CUSIP, ISIN or Common Code number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) and may state that no representation is made as to the accuracy or correctness or accuracy of the CUSIP CUSIP, ISIN or Common Code number, if any, listed in such notice or printed on the Securities; and (10) the section of this Indenture and the paragraph of the Securities pursuant to which the Securities are to be redeemed. At the Company’s requestAny redemption and notice thereof pursuant to this Indenture may, the Trustee shall give the notice of redemption in the Company’s name and at its expensediscretion, provided, however, that the Company shall have delivered be subject to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether satisfaction of one or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitymore conditions.

Appears in 3 contracts

Samples: Indenture (Cowen Group, Inc.), Indenture (General Finance CORP), Indenture (Cowen Group, Inc.)

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Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose of Securities are of any series to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities of such series or a satisfaction and discharge of this Indenture. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateCUSIP and ISIN (if applicable) numbers; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)date; (3) the redemption price; (4) if any Security of a series is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original SecuritiesSecurity; (45) the name and address of the Paying Agent; (56) that Securities of such series called for redemption must be surrendered to the Paying Agent to collect the redemption price; (67) thatthat interest, unless if any, on the Company defaults in payment Securities of the redemption price, interest on Securities such series or portions of them called for redemption ceases shall cease to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities of such series and/or the section Section of the this Indenture pursuant to which the such Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberand ISIN (if applicable) numbers, if any, listed in such notice or printed on the such Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, ; provided, however, that the Company shall have delivered to the Trustee, at least 45 days (or such shorter time as may be agreed to by the Trustee) prior to the redemption date, an Officers’ 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Western Digital Corp), Indenture (Western Digital Technologies Inc), Indenture (Graftech International LTD)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 45 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at this address appearing in the security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if less than all the Outstanding Securities of any Security is being redeemed in partseries are to be redeemed, the portion identification (and, in the case of partial redemption, the principal amounts) of the principal amount of such Security particular Securities to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesredeemed; (4) that on the name Redemption Date the Redemption Price will be come due and address of the Paying Agentpayable upon each such security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date; (5) that the place or places where such Securities called for redemption must are to be surrendered to for payment of the Paying Agent to collect the redemption priceRedemption Price; (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption datecase; (7) the CUSIP number, if any, of the Securities to be redeemed;; and (8) unless otherwise provided as to a particular series of Securities, if at the paragraph time of publication or mailing of any notice of redemption the Securities Company shall not have deposited with the Trustee or Paying Agent and/or irrevocably directed the section Trustee or Paying Agent to apply, from money held by it available to be used for the redemption of the Indenture pursuant Securities, an amount in cash sufficient to which redeem all of the Securities called for redemption are being redeemed; and (9) that no representation is made as redemption, including accrued interest to the correctness or accuracy Redemption Date, such notice shall state that it is subject to the receipt of the CUSIP number, if any, listed in redemption moneys by the Trustee or Paying Agent before the Redemption Date (unless such redemption is mandatory) and such notice or printed on shall be of no effect unless such moneys are so received before such date. Notice of redemption of Securities to be redeemed at the Securities. At election of the Company shall be given by the Company or, at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (Ingersoll Rand Co), Indenture (American Heritage Life Investment Corp), Indenture Agreement (Owens Corning Capital Ii)

Notice of Redemption. Except as otherwise provided as Notice of redemption shall be given by first-class mail, postage prepaid, mailed not later than the thirtieth day, and not earlier than the sixtieth day, prior to any particular series the date fixed for redemption, to each holder of SecuritiesSecurities to be redeemed, at least 30 days but not more than 60 days before a redemption datehis address as it appears on the registry books of the Corporation. With respect to Securities of each series to be redeemed, the Company shall mail a each notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateidentity of the securities, including cusip numbers; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)for Securities of such series; (3) if any Security is being redeemed in part, the portion of the principal amount redemption price at which Securities of such Security series are to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesredeemed; (4) if less than all outstanding Securities of such particular series are to be redeemed, the name and address identification (and, in the case of partial redemption, the respective principal amounts) of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (8) 5) that on the paragraph date fixed for redemption, the redemption price at which such Securities are to be redeemed will become due and payable upon each such Security or portion thereof, and that interest thereon, if any, shall cease to accrue on and after said date; (6) the place or places where such Securities are to be surrendered for payment of the redemption price at which such Securities and/or the section of the Indenture pursuant are to which the Securities called for redemption are being be redeemed; and (97) that no representation the redemption is made as for a sinking fund, if such is the case. Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCorporation shall be given by the Corporation or, if any, listed in such notice or printed on at the Securities. At the CompanyCorporation’s request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to expense of the Trustee, at least 45 days prior to the redemption date, an 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 paragraphCorporation. The notice if mailed in the manner herein provided shall be conclusively presumed to have been duly given given, whether or not the Holder holder receives such notice. In any case, a failure to give such notice by mail or any defect in the notice of to the Holder holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceeding proceedings for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Baltimore Gas & Electric Co), Indenture (Atlantic City Electric Co), Indenture (Baltimore Gas & Electric Co)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption by first class mail, postage prepaid, to the Trustee, Paying Agent and each Holder whose Securities are to be redeemed. The At the Company's request, the Paying Agent shall give the notice of redemption in the Company's name and at the Company's expense. Each notice for redemption shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price, including the terms amount of the Securities of the series accrued and unpaid interest to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)paid upon such redemption; (3) the name, address and telephone number of the Paying Agent; (4) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the Redemption Price; (5) that, unless the Company defaults in their obligation to deposit with the Paying Agent Cash, or U.S. Government Obligations which through the scheduled payment of principal and interest in respect thereof in accordance with their terms will provide, not later than one day before the due date of any payment, Cash in an amount to fund the Redemption Price, in accordance with Section 3.6 hereof or such redemption payment is otherwise prohibited, interest on Securities called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price, including accrued and unpaid interest to the Redemption Date, upon surrender to the Paying Agent of the Securities called for redemption and to be redeemed; (6) if any Security is being redeemed in part, the portion of the principal amount amount, equal to $1,000 or any integral multiple thereof, of such Security to be redeemed and that, after the redemption dateRedemption Date, and upon surrender of such Security, a new Security or Securities in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption dateissued; (7) if less than all the Securities are to be redeemed, the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of such Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; (8) the CUSIP number, if any, number of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation the notice is made as being sent pursuant to this Section 3.4 and pursuant to the correctness or accuracy optional redemption provisions of Paragraph 5 of the CUSIP number, if any, listed in such notice or printed on the Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (HMH Properties Inc), Indenture (HMH Properties Inc), Indenture (HMH Properties Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at (a) At least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) the aggregate principal amount of Securities being redeemed; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the redemption price; (6) that, unless the Company defaults in the payment of the redemption price or accrued interest, interest on Securities called for redemption ceases to accrue on and after the redemption date and the only remaining right of the Holders is to receive payment of the redemption prices in respect of the Securities upon surrender to the Paying Agent of the Securities; (7) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original Securities; (4) the name and address Holder thereof upon cancelation of the Paying Agent; (5) that Security or Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to 8) the correctness or accuracy CUSIP number of the CUSIP number, if any, listed in such notice or printed on the Securities. . (b) At the Company’s request, the Trustee shall give the notice of redemption required in Section 3.03(a) in the Company’s name and at its the Company’s expense, ; provided, however, that the Company shall have delivered deliver to the Trustee, at least 45 days prior to the redemption datedate (unless the Trustee consents to a shorter notice period in writing), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecuritySection 3.03(a).

Appears in 3 contracts

Samples: Indenture (Chesapeake Operating Inc), Indenture (Chesapeake Royalty LLC), Indenture (Chesapeake Energy Corp)

Notice of Redemption. Except as Unless otherwise provided as to any indicated for a particular series of SecuritiesSeries by a Board Resolution, a supplemental indenture hereto or an Officer’s Certificate, at least 30 15 days but not more than 60 days before a redemption date, the Company Issuers shall mail a notice of redemption by first-class mail to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series Series to be redeemed and shall state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3c) the name and address of the Paying Agent; (d) if any Security is Securities are being redeemed in part, the portion of the principal amount of such Security Securities to be redeemed and that, after the redemption date, date and upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will of the original Security shall be issued in the name of the Holder thereof upon cancellation of the original SecuritiesSecurity; (4e) that the name and address Securities of the Paying Agent; (5) that Securities Series called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6f) that, unless that interest on the Company defaults in payment Securities of the redemption price, interest on Securities Series called for redemption ceases to accrue on and after the redemption datedate unless the Issuers default in the deposit of the redemption price; (7g) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9h) that no representation is made any other information as to may be required by the correctness or accuracy terms of the CUSIP number, if any, listed in such notice particular Series or printed on the SecuritiesSecurities of a Series being redeemed. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its their expense, provided, however, that the Company shall Issuers have delivered to the Trustee, at least 45 days three Business Days (unless a shorter time shall be acceptable to the Trustee) prior to the redemption notice date, an Officers’ 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in form of a copy of the notice of to the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityHolders.

Appears in 3 contracts

Samples: Indenture (Landmark Infrastructure Finance Corp.), Indenture (USDP Finance Corp.), Indenture (LD Acquisition Co 7 LLC)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as in Section 14.2 hereof to any particular series the Holders of Securities, at least 30 days but Securities to be redeemed. Such notice shall be given not less than 20 nor more than 60 days before a redemption date, prior to the Company shall mail a notice Redemption Date. All notices of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price and interest accrued and unpaid to the terms of the Securities of the series to be redeemed, plus accrued interestRedemption Date, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in partfewer than all the Outstanding Securities are to be redeemed, the portion of the aggregate principal amount of such Security Securities to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in aggregate principal amount equal to the unredeemed portion of Securities which will be issued upon cancellation of the original Securitiesoutstanding after such partial redemption; (4) that on the name Redemption Date the Redemption Price and address of interest accrued and unpaid to the Paying AgentRedemption Date, if any, will become due and payable upon each such Security to be redeemed, and that interest thereon shall cease to accrue on and after such date; (5) that the Conversion Price, the date on which the right to convert the principal of the Securities called for redemption must to be redeemed will terminate and the places where such Securities may be surrendered to the Paying Agent to collect the redemption pricefor conversion; (6) that, unless the Company defaults in place or places where such Securities are to be surrendered for payment of the redemption priceRedemption Price and accrued and unpaid interest, interest on Securities called for redemption ceases to accrue on and after the redemption date;if any; and (7) the CUSIP number, if any, number of the Securities. The notice given shall specify the last date on which exchanges or transfers of Securities may be made pursuant to Section 2.7 hereof, and shall specify the serial numbers of Securities and the portions thereof called for redemption. Notice of redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to be given by the TrusteeCompany or, at least 45 days prior to the redemption dateCompany's request, an Officers’ Certificate requesting that by the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in name of and at the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (Inhale Therapeutic Systems Inc), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Cv Therapeutics Inc)

Notice of Redemption. Except as Unless otherwise provided as to any indicated for a particular series Series of SecuritiesSecurities by a Board Resolution, a supplemental indenture or an Officers' Certificate, at least 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of such Securities and this Indenture pursuant to Articles 8 or 11 of this Indenture. The notice shall will identify the Securities of the series Series to be redeemed and shall will state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security of the Series is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities of the Series called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities of the Series called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, Section of the Securities to be redeemed; (8) the paragraph of the Securities Series and/or the section Section of the this Indenture applicable to such Series pursuant to which the Securities of the Series called for redemption are being redeemed; and (9) 8) 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 SecuritiesSecurities of the Series. At the Company’s 's request, the Trustee shall will give the notice of redemption in the Company’s 's name and at its expense, ; provided, however, that the Company shall have has delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Corrections Corp of America), Indenture (CCA Western Properties, Inc.), Indenture (Corrections Corp of America)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at this address appearing in the security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if less than all the Outstanding Securities of any Security is being redeemed in partseries are to be redeemed, the portion identification (and, in the case of partial redemption, the principal amounts) of the principal amount of such Security particular Securities to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesredeemed; (4) that on the name Redemption Date, the Redemption Price will become due and address of the Paying Agentpayable upon each such security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date; (5) that the place or places where such Securities called for redemption must are to be surrendered to for payment of the Paying Agent to collect the redemption priceRedemption Price; (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption datecase; (7) the CUSIP number, if any, of the Securities to be redeemed;; and (8) unless otherwise provided as to a particular series of Securities, if at the paragraph time of publication or mailing of any notice of redemption the Securities Company shall not have deposited with the Trustee or Paying Agent and/or irrevocably directed the section Trustee or Paying Agent to apply, from money held by it available to be used for the redemption of the Indenture pursuant Securities, an amount in cash sufficient to which redeem all of the Securities called for redemption are being redeemed; and (9) that no representation is made as redemption, including accrued interest to the correctness or accuracy Redemption Date, such notice shall state that it is subject to the receipt of the CUSIP number, if any, listed in redemption moneys by the Trustee or Paying Agent before the Redemption Date (unless such redemption is mandatory) and such notice or printed on shall be of no effect unless such moneys are so received before such date. Notice of redemption of Securities to be redeemed at the Securities. At election of the Company shall be given by the Company or, at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (Kennametal Inc), Subordinated Debt Indenture (Adelphia Communications Corp), Senior Debt Indenture (Insight Communications Co Inc)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 15 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail by first class mail a notice of redemption to each Holder holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if any Security of any series is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, upon surrender of such Security, a new Security or Securities of the same series in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original Securitiesholder thereof; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price; (65) that, unless the Company defaults in payment of the redemption price, that interest on Securities called for redemption and for which funds have been set apart for payment, ceases to accrue on and after the redemption dateRedemption Date (unless the Company defaults in the payment of the Redemption Price or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture); (76) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; (7) the aggregate principal amount of Securities of that series (if less than all) that are being redeemed; (8) the CUSIP number of the Securities (provided that the disclaimer permitted by Section 2.14 may be made); (9) the name and address of the Paying Agent; (10) that Securities called for redemption may be converted at any time prior to the close of business on the last trading day immediately preceding the Redemption Date and if not converted prior to the close of business on such Redemption Date, the right of conversion will be lost; and (911) that no representation in the case of Securities or portions thereof called for redemption on a date that is made as also an Interest Payment Date, the interest payment, due on such date shall be paid to the correctness or accuracy Person in whose name the Security is registered at the close of the CUSIP number, if any, listed in such notice or printed business on the Securities. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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 paragraphrelevant Regular Record Date. The notice if mailed in the manner herein provided shall be conclusively presumed to have been duly given given, whether or not the Holder holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of to the Holder holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceeding proceedings for the redemption of any other SecuritySecurity of that series. At the Company's request, the Trustee shall give notice of redemption in the Company's name and at its expense.

Appears in 3 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for in Section 12.2 not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed. The At the Company’s request, the Trustee shall give notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall identify deliver to the Securities of Trustee, at least 45 days prior to the series Redemption Date (unless a shorter period shall be satisfactory to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice at the Company’s expense and setting forth the information to be redeemed and stated in such notice as provided in the following items. All notices of redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed and the amount of accrued interest (including Additional Interest) to the Redemption Date payable as provided in accordance with the terms of the Securities of the series to be redeemed, plus accrued interestSection 5.7, if any, to the date fixed for redemption (the “redemption price”);, (3) if any Security is being redeemed in partless than all outstanding Securities are to be redeemed, the portion identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of such Security Securities to be redeemed and thatthe aggregate principal amount of Securities to be outstanding after such partial redemption, (4) in case any Security is to be redeemed in part only, the notice which relates to such Security shall state that on and after the redemption dateRedemption Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the principal amount equal thereof remaining unredeemed, (5) that on the Redemption Date the redemption price (and accrued interest (including Additional Interest), if any, to the unredeemed Redemption Date payable as provided in Section 5.7) will become due and payable upon each such Security, or the portion thereof, to be redeemed, and, unless the Company defaults in making the redemption payment, that interest on Securities called for redemption (or the portion thereof) will cease to accrue on and after said date, (6) the place or places where such Securities are to be issued upon cancellation surrendered for payment of the original Securities;redemption price and accrued interest, if any, (47) the name and address of the Paying Agent;, (5) 8) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and, (9) the CUSIP, Common Code and ISIN numbers, if applicable, and that no representation is made as to the accuracy or correctness or accuracy of the CUSIP numberCUSIP, Common Code and ISIN numbers, if applicable, if any, listed in such notice or printed on the Securities. At , and (10) the Company’s request, paragraph of the Trustee shall give Securities pursuant to which the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information Securities are to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredeemed.

Appears in 3 contracts

Samples: Indenture (Cellu Tissue - CityForest LLC), Indenture (Cellu Tissue Holdings, Inc.), Indenture (Prospect Medical Holdings Inc)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for in Section 12.2 not less than 30 days but not nor more than 60 days before prior to the Redemption Date, to each Holder of Securities to be redeemed, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if such notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture. Notice of any redemption datemay, at the Company’s discretion, be subject to one or more conditions precedent. The Trustee shall give notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall mail deliver to the Trustee, at least 45 days prior to the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice at the Company’s expense and setting forth the information to be stated in such notice as provided in the following items. All notices of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed and the amount of accrued interest and Additional Amounts, if any, to the Redemption Date payable as provided in accordance with the terms of the Section 5.6; (3) if less than all outstanding Securities of the series are to be redeemed, plus the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; (4) in case any Securities are is to be redeemed in part only, the notice which relates to such Securities shall state that on and after the Redemption Date, upon surrender of such Securities, the Holder will receive, without charge, a new Security or Securities of authorized denominations for the principal amount thereof remaining unredeemed; (5) that on the Redemption Date the redemption price (and accrued interest, if any, to the date fixed Redemption Date payable as provided in Section 5.6) will become due and payable upon each such Security, or the portion thereof, to be redeemed, and, unless the Company defaults in making the redemption payment, that interest and Additional Amounts, if any, on Securities (or the portions thereof) called for redemption (the “redemption price”)will cease to accrue on and after said date; (36) if any Security is being redeemed in part, the portion place or places where such Securities are to be surrendered for payment of the principal amount of such Security to be redeemed Redemption Price and thataccrued interest, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesif any; (47) the name and address of the Paying Agent; (5) 8) that Securities called for redemption (other than a Global Note) must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (79) the CUSIP CUSIP, ISIN or Common Code number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) and that no representation is made as to the accuracy or correctness or accuracy of the CUSIP CUSIP, ISIN or Common Code number, if any, listed in such notice or printed on the Securities; and (10) the section of this Indenture and the paragraph of the Securities pursuant to which the Securities are to be redeemed. At the Company’s requestAny redemption and notice thereof pursuant to this Indenture may, the Trustee shall give the notice of redemption in the Company’s name and at its expensediscretion, provided, however, that the Company shall have delivered be subject to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether satisfaction of one or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitymore conditions.

Appears in 3 contracts

Samples: Senior Indenture (Plymouth Products, Inc.), Indenture (234DP Aviation, LLC), Indenture (Dr Pepper Snapple Group, Inc.)

Notice of Redemption. Except as otherwise provided as Subject to any particular series the provisions of SecuritiesSection 3.09 hereof, at least 30 days but not more than 60 days before a redemption date, the Company Issuer shall mail a notice of redemption to each Holder Securityholder whose Securities are to be redeemedredeemed at its registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesissued; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must shall be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company Issuer defaults in payment of the making such redemption pricepayment, interest on Securities or portions of Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 8) 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 Securities. At the Company’s Issuer's request, the Trustee shall give the notice of redemption in the Company’s name of the Issuer and at its the Issuer's expense, ; provided, however, that the Company Issuer shall have delivered deliver to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, the Company Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge. The notice shall identify the Securities of the series to be redeemed and shall state: (1a) the redemption date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3c) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in a principal amount equal to the unredeemed portion will shall be issued in the name of the Holder upon cancellation of the original SecuritiesSecurity; (4d) the name and address of the Paying Agent; (5e) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6f) that, unless the Company defaults Issuers default in payment of the making such redemption pricepayment, interest on Securities called for redemption ceases cease to accrue on and after the redemption date; (7) date and the CUSIP number, if any, only remaining right of the Holders of such Securities is to receive payment of the redemption price upon surrender to the Paying Agent of the Securities to be redeemed; (8) g) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (9h) 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 Securities. If any of the Securities to be redeemed is in the form of a Global Security, then the Issuers shall modify such notice to the extent necessary to comply with the procedures of the Depositary applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name Issuers’ names and at its their expense, ; provided, however, that the Company Issuers shall have delivered to the Trustee, at least 45 Trustee five days prior to the redemption datenotice being sent to the Holders (or such shorter notice as may be acceptable to the Trustee), as provided in Section 3.02, an Officers’ Certificate of each Issuer requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 3 contracts

Samples: Indenture (Access Midstream Partners Lp), Indenture (Access Permian Midstream LLC), Indenture (Chesapeake MLP Operating LLC)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);Redemption Price, (3) if less than all the Outstanding Securities of any Security is being redeemed in partseries are to be redeemed, the portion identification (and, in the case of partial redemption, the principal amounts) of the principal amount of particular Securities to be redeemed, (4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and thatand, after the redemption dateif applicable, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion that interest thereon will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases cease to accrue on and after said date, (5) the redemption date;place or places where such Securities are to be surrendered for payment of the Redemption Price, (6) if such Securities are convertible or exchangeable other than pursuant to Section 3.5, the conversion price and the last date on which such Securities may be converted or exchanged, (7) that the CUSIP numberredemption is for a sinking fund, if anysuch is the case, and (8) if the Company intends to retain its right to rescind the redemption, the last date by which notice of the rescission of a redemption of Securities may be given. Notice of redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or the section Company, and any notice of the Indenture pursuant to which rescission of any such redemption, shall be given by the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company expense of the Company. Any notice of rescission of any redemption shall have delivered to the Trustee, at least 45 be given on or before 15 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityapplicable Redemption Date.

Appears in 3 contracts

Samples: Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at (a) At least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address. The notice shall identify the Securities of the series (including CUSIP numbers) to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance price, the Base Conversion Rate, the Applicable Conversion Rate estimated as of a recent date and, to the extent known at the time of such notice, the amount of accrued but unpaid interest payable with the terms respect to each $1,000 principal amount of the Securities of on the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)date; (3) the name and address of the Paying Agent and Conversion Agent; (4) that Securities called for redemption may be converted at any time before the close of business on the Business Day immediately preceding the redemption date; (5) that Holders who want to convert Securities must satisfy the requirements set forth in the Securities and this Indenture; (6) the aggregate principal amount of Securities being redeemed; (7) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the redemption price, together with accrued but unpaid interest thereon; (8) that, unless the Company defaults in the payment of the redemption price or accrued interest, interest on Securities called for redemption ceases to accrue on and after the redemption date and the only remaining right of the Holders is to receive payment of the redemption prices in respect of the Securities upon surrender to the Paying Agent of the Securities; (9) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original Securities; (4) the name and address Holder thereof upon cancelation of the Paying Agent; (5) that Security or Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (910) that no representation is made as to the correctness or accuracy CUSIP number of the CUSIP number, if any, listed in such notice or printed on the Securities. . (b) At the Company’s written request, the Trustee shall give the notice of redemption required in Section 3.03(a) in the Company’s name and at its the Company’s expense, ; provided, however, that the Company shall have delivered deliver to the Trustee, at least 45 days prior to the redemption datedate (unless the Trustee consents to a shorter notice period in writing), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecuritySection 3.03(a).

Appears in 3 contracts

Samples: Indenture (MidCon Compression LP), Indenture (Chesapeake Energy Corp), Indenture (Gene D. Yost & Son Inc.)

Notice of Redemption. Except as otherwise (a) Notice of redemption shall be given in the manner provided as to any particular series of Securitiesfor in Section 12.2, at least not less than 30 days but not nor more than 60 days before prior to the Redemption Date, to each Holder of Securities to be redeemed, except that that redemption notices may be sent more than 60 days prior to a redemption dateRedemption Date if the notice is issued in connection with a legal defeasance or covenant defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article VIII. At the Issuer’s request, the Company Trustee shall mail a give notice of redemption in the Issuer’s name and at the Issuer’s expense; provided, however, that the Issuer shall deliver to each Holder whose Securities are the Trustee, at least five Business Days prior to the giving of such notice (unless a shorter period shall be satisfactory to the Trustee), an Issuer Order requesting that the Trustee give such notice at the Issuer’s expense and setting forth the information to be redeemedstated in such notice as provided in the following items. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed price, if then determinable, and otherwise the method for its determination and the amount of accrued interest (including Additional Interest) to the Redemption Date payable as provided in accordance with the terms of the Securities of the series to be redeemed, plus accrued interestSection 5.7, if any, to the date fixed for redemption (the “redemption price”);, (3) if any Security is being redeemed in partless than all outstanding Securities are to be redeemed, the portion identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of such Security Securities to be redeemed and thatthe aggregate principal amount of Securities to be outstanding after such partial redemption, (4) in case any Security is to be redeemed in part only, the notice which relates to such Security shall state that on and after the redemption dateRedemption Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the principal amount equal thereof remaining unredeemed, (5) that on the Redemption Date, the redemption price (and accrued interest (including Additional Interest), if any, to the unredeemed Redemption Date payable as provided in Section 5.7) will become due and payable upon each such Security, or the portion thereof, to be redeemed, and, unless the Issuer defaults in making the redemption payment, that interest on Securities called for redemption (or the portion thereof) will cease to accrue on and after said date, (6) the place or places where such Securities are to be issued upon cancellation surrendered for payment of the original Securities;redemption price and accrued interest, if any, (47) the name and address of the Paying Agent;, (5) 8) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and, (9) the CUSIP, Common Code and ISIN numbers, if applicable, and that no representation is made as to the accuracy or correctness or accuracy of the CUSIP numberCUSIP, Common Code and ISIN numbers, if applicable, if any, listed in such notice or printed on the Securities. At , (10) the Company’s requestSection of this Indenture or the paragraph of the Securities pursuant to which the Securities are to be redeemed, the Trustee shall give the and (11) if in connection with any conditional notice of redemption pursuant to the Issuer’s right to redeem all of the Securities upon a Change of Control, and in compliance with Section 5.5(b), that such redemption is conditional upon such Change of Control occurring. (b) If the Issuer elects to exercise its right to redeem all of the Securities upon a Change of Control, notice of redemption shall be given in the Company’s name manner provided for in Section 12.2 and at its expense, provided, however, that Section 5.5(a) within 60 days following the Company shall have delivered to the TrusteeChange of Control (or, at least 45 days the Issuer’s option, prior to such Change of Control but after the transaction giving rise to such Change of Control is publicly announced). Any such Change of Control redemption may be conditioned upon the Change of Control occurring if the notice is sent prior to the Change of Control. (c) Any redemption dateor notice of redemption may, an Officers’ Certificate requesting that at the Trustee give such notice and setting forth the information Issuer’s discretion, be subject to be stated in such notice as provided one or more conditions precedent and, in the preceding paragraph. The notice mailed in case of a redemption with the manner herein provided shall Net Cash Proceeds of an Equity Offering, be conclusively presumed given prior to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice completion of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityrelated Equity Offering.

Appears in 3 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for in Section 106 not less than 30 days but not nor more than 60 days before prior to the Redemption Date, to each Holder of Securities to be redeemed; provided, however, that in the case of an optional redemption in which the Company has called for redemption all outstanding Securities in connection with a redemption daterefinancing of such Securities, the Company shall mail be permitted to (a) specify a proposed redemption date; (b) change the proposed redemption date once to a final redemption date by notice mailed to Holders not later than five business days prior to the final redemption date; (c) establish the final redemption date as a date not more than 90 days after the first notice from the Company calling the Securities for optional redemption was mailed to Holders; and (d) rescind the redemption offer at any time prior to the final redemption date, which rescission shall not cause the maturity of the Securities to have changed. All notices of redemption to each Holder whose shall state: (i) the Redemption Date; (ii) the Redemption Price; (iii) if less than all Outstanding Securities are to be redeemed. The notice shall identify , the Securities identification (and, in the case of a partial redemption, the principal amounts) of the series particular Securities to be redeemed and shall state: (1) the redemption dateredeemed; (2iv) that on the redemption price fixed in accordance Redemption Date the Redemption Price (together with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3Redemption Date payable as provided in Section 1107) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed will become due and that, after the redemption date, payable upon surrender of each such Security, a new Security or Securities in principal amount equal the portion thereof, to the unredeemed portion be redeemed, and that interest thereon will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases cease to accrue on and after the redemption said date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9v) that no representation is made as the place or places where such Securities are to the correctness or accuracy be surrendered for payment of the CUSIP numberRedemption Price. Notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for under Section 12.2 not less than 30 days but not nor more than 60 days before a prior to the Redemption Date, to each Holder of Securities to be redeemed. At the Company’s request, the Trustee shall give notice of redemption datein the Company’s name and at the Company’s expense; provided, however, that the Company shall mail deliver to the Trustee, at least 45 days prior to the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice at the Company’s expense and the form of notice that shall include the following items. All notices of redemption shall state: (i) the Redemption Date, (ii) the redemption price and the amount of accrued interest to each Holder whose the Redemption Date payable as provided under Section 6.7, if any, (iii) if less than all outstanding Securities are to be redeemed. The notice shall identify , the Securities identification of the series particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed and shall state:the aggregate principal amount of Securities to be outstanding after such partial redemption, (1iv) in case any Security is to be redeemed in part only, the redemption date;notice which relates to such Security shall state that on and after the Redemption Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities of authorized denominations for the principal amount thereof remaining unredeemed, (2v) that on the Redemption Date the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus (and accrued interest, if any, to the date fixed Redemption Date payable as provided under Section 6.7) will become due and payable upon each such Security, or the portion thereof, to be redeemed, and, unless the Company defaults in making the redemption payment, that interest on Securities called for redemption (or the “redemption price”);portion thereof) will cease to accrue on and after said date, (3vi) if any Security is being redeemed in part, the portion place or places where such Securities are to be surrendered for payment of the principal amount of such Security to be redeemed redemption price and thataccrued interest, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities;if any, (4vii) the name and address of the Paying Agent;, (5viii) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price;, (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7ix) the CUSIP numberCUSIP, Common Code and ISIN numbers, if anyapplicable, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) and that no representation is made as to the accuracy or correctness or accuracy of the CUSIP numberCUSIP, Common Code and ISIN numbers, if applicable, if any, listed in such notice or printed on the Securities. At , and (x) the Company’s request, paragraph of the Trustee shall give Securities pursuant to which the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information Securities are to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredeemed.

Appears in 3 contracts

Samples: Indenture (Deluxe Corp), Indenture (Deluxe Corp), Indenture (Deluxe Corp)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at (a) At least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) the aggregate principal amount of Securities being redeemed; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the redemption price; (6) that, unless the Company defaults in the payment of the redemption price or accrued interest, interest on Securities called for redemption ceases to accrue on and after the redemption date and the only remaining right of the Holders is to receive payment of the redemption prices in respect of the Securities upon surrender to the Paying Agent of the Securities; (7) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original Securities; (4) the name and address Holder thereof upon cancelation of the Paying Agent; (5) that Security or Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to 8) the correctness or accuracy CUSIP number of the CUSIP number, if any, listed in such notice or printed on the Securities. . (b) At the Company’s request, the Trustee shall give the notice of redemption required in Section 3.03(a) in the Company’s name and at its the Company’s expense, ; provided, however, that the Company shall have delivered deliver to the Trustee, at least 45 15 days prior to the redemption datedate on which the Company requests that the Trustee give such notice (unless the Trustee consents to a shorter notice period in writing), an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecuritySection 3.03(a).

Appears in 3 contracts

Samples: Indenture (Chesapeake Louisiana Lp), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)

Notice of Redemption. Except as otherwise provided as to any particular series of SecuritiesAt least thirty (30) Scheduled Trading Days, at least 30 days but not and no more than 60 days sixty (60) days, before a redemption dateRedemption Date, the Company shall mail mail, or cause to be mailed, a notice of redemption by first-class mail to each Holder whose Securities are to be redeemedredeemed at his or her last address as the same appears on the registry books maintained by the Primary Registrar pursuant to Section 2.03, except that redemption notices may be mailed more than sixty (60) days prior to a Redemption Date if the notice is issued in connection with a satisfaction and discharge of this Indenture. If the Company mails such notice to Holders, it shall mail a copy of such notice to the Trustee at the same time. The notice shall identify the Securities of the series to be redeemed (including the CUSIP numbers thereof) and shall state: (1) the redemption dateRedemption Date; (2) the redemption price, whether such redemption price fixed in accordance with shall be satisfied pursuant to the terms of Cash Settlement, the Securities of Physical Settlement or the series to be redeemed, plus accrued interestCombination Settlement and, if anythe Company elects the Combination Settlement, to the date fixed for redemption (the “redemption price”)Specified Cash Amount; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (54) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (65) that, that unless the Company defaults in payment of making the redemption pricepayment, interest on Securities called for redemption ceases to accrue on and after the redemption dateRedemption Date; (6) that the Securities are being redeemed pursuant to Section 5.01; (7) the CUSIP number, if any, aggregate principal amount of the Securities to be that are being redeemed; (8) if the paragraph redemption is conditional, a description of the Securities and/or applicable conditions and the section of the Indenture pursuant date by which such conditions are expected to which the Securities called for redemption are being redeemedbe satisfied; and (9) that no representation is made as Holders shall have the right to convert the correctness or accuracy of Securities called for redemption at the CUSIP number, if any, listed in such notice or printed on the Securitiesthen effective Conversion Rate. At the Company’s requestwritten request made at least five Business Days prior to the date on which notice is to be given, the Trustee shall give the notice of redemption prepared by the Company, in the Company’s name and at its the Company’s sole expense. In such event, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section 5.04.

Appears in 3 contracts

Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as in Section 1.06 to each Holder of any particular series of Securities, at least 30 days but Security to be redeemed (with a copy to the Trustee) not less than five Business Days nor more than 60 days before a redemption date, prior to the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemedRedemption Date. The notice shall identify If the Securities of the series to be redeemed are listed on any securities exchange, such notice shall also be made in compliance with the then current rules and procedures of such securities exchange. All notices of redemption shall state: (1a) the redemption dateRedemption Date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemedRedemption Price, plus accrued interestinterest and Additional Amounts, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4c) the name and address provision of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) thatthis Indenture, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture any supplemental indenture or any applicable Security pursuant to which the Securities called for redemption are being redeemed; (d) if less than all the Outstanding Securities of any series consisting of more than a single Security are to be redeemed, the identification (and, in the case of partial redemption of any Securities, the principal amounts) of the particular Securities to be redeemed and if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of the particular Security to be redeemed; (e) that on the Redemption Date the Redemption Price, plus accrued interest, if any, will become due and payable upon each such Security to be redeemed and, that, unless the Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on the Securities called for redemption will cease to accrue on and after the Redemption Date; (f) that Securities called for redemption must be surrendered to a Paying Agent to collect the Redemption Price, plus accrued interest and Additional Amounts, if any, and the place or places where each such Security is to be surrendered for payment of the Redemption Price, plus accrued interest and Additional Amounts, if any; and (9g) the CUSIP or ISIN number or numbers, if any, with respect to such Securities, and 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 those Securities. A notice of redemption published as contemplated by Section 1.06 need not identify particular Global Securities to be redeemed. At the Company’s election and at its request, made in writing to the Trustee at least five Business Days before notice is to be mailed to the Holders, the Trustee shall give the notice of redemption in the Company’s name and at its the Company’s expense, provided, however, ; provided that the Company shall have delivered deliver to the Trustee, at least 45 days five Business Days prior to the redemption datedate in which notice is to be mailed to the Holders, an Officers’ 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. The ; provided further that if the Company revokes the notice mailed to the Trustee required by Section 11.02 in accordance with Section 11.02 prior to the manner herein provided shall be conclusively presumed Trustee’s delivering of notice to have been duly given whether or the Holders, the Trustee will not the Holder receives such notice. In any case, failure to give deliver such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredemption.

Appears in 3 contracts

Samples: Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD)

Notice of Redemption. Except as otherwise provided as to any particular series (a) Notice of Securities, at least redemption shall be sent not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date to each Holder of Securities to be redeemed, the Company shall mail a in accordance with Section 1.6; provided, that such notice of redemption may be furnished, in the Company’s discretion, more than 60 days prior to each Holder whose the Redemption Date if the notice is issued in connection with a satisfaction and discharge of this Indenture with respect to Securities are to be redeemed. The notice shall identify of any series or a defeasance of the Securities pursuant to Articles IV or XIII hereof. All notices of the series to be redeemed and redemption shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price (or the terms method of calculating or determining the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”Redemption Price); (3) if less than all the Outstanding Securities of like tenor of any series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed; (4) in case any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed in part only, the notice which relates to such Security shall state that on and that, after the redemption dateRedemption Date, upon surrender of such Security, the Holder of such Security will receive, without charge, a new Security or Securities in of authorized denominations for the principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agentthereof remaining unredeemed; (5) that Securities called for redemption must on the Redemption Date the Redemption Price will become due and payable upon each such Security to be surrendered redeemed and, if applicable, that interest thereon will cease to the Paying Agent to collect the redemption priceaccrue on and after said date; (6) thatthe CUSIP number and/or similar numbers of such Securities, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases if any (or any other numbers used by a Depositary to accrue on and after the redemption dateidentify such Securities); (7) the CUSIP number, if any, place or places where such Securities are to be surrendered for payment of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedRedemption Price; and (98) that the redemption is for a sinking fund, if such is the case. (b) that no representation is made as Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s request, request made at least five days prior to the Trustee shall give date the notice of redemption is to be given (unless a shorter time period shall be acceptable to the Trustee), by the Trustee in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 3 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 15 days but not more than 60 30 days before a date of redemption dateof Securities at the option of the Corporation, the Company Corporation shall send or cause to be sent by electronic transmission or by first class mail (with a copy to the Trustee), a notice of redemption to each Holder whose of Securities are to be redeemed. Notice of any redemption may, at the Corporation’s discretion, be subject to one or more conditions precedent. In the event that any relevant condition precedent is not satisfied (or waived by the Corporation) as of the date specified for redemption in any such notice of redemption (or amendment thereto), the Corporation may, in its discretion, rescind such notice or amend it on one or more occasions to specify another redemption date until the satisfaction (or waiver by the Corporation) of any such conditions precedent, unless such notice is earlier rescinded by the Corporation as described above. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the optional redemption date; (2) the redemption price, including the portion thereof representing any accrued and unpaid interest (or the formula for the determination thereof if the redemption price fixed in accordance with the terms of the Securities of the series to cannot be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”determined until a later date); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security Securities to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Securities;Security. (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company Corporation defaults in payment of the making such redemption pricepayment, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture (or any supplement to this Indenture) pursuant to which the Securities called for redemption are being redeemed; (8) if applicable, any condition to such redemption; and (9) 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 SecuritiesSecurities called for redemption. At the CompanyCorporation’s request, the Trustee shall give the notice of redemption in the CompanyCorporation’s name and at its expense, ; provided, however, however that the Company shall Corporation notified the Trustee of its intent to have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth of redemption at least two Business Days prior to date such notice of redemption is given. In such event the Corporation will provide the Trustee with the information to be stated in such notice as provided in the preceding paragraphrequired by clauses (1) through (9). The notice mailed sent in the manner herein provided shall be conclusively presumed to have been duly given whether or not the a Holder receives such notice. In any case, failure to give such notice by electronic transmission or by mail or any defect in the notice of to the Holder of any Security shall not affect the validity of the proceeding for the redemption of notice to any other SecurityHolder.

Appears in 3 contracts

Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture Agreement (Martin Marietta Materials Inc)

Notice of Redemption. Except as otherwise Notice of redemption shall be given in the manner provided as to any particular series of Securities, at least for in Section 10.2 not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Debt Securities are to be redeemed. The Trustee shall give notice of redemption in the Company’s name and at the Company’s expense; provided, however, that the Company shall identify deliver to the Trustee, at least 15 days prior to the date on which such notice is to be given, an Officers’ Certificate requesting that the Trustee give such notice and attaching a copy of such notice. All notices of redemption shall state: (a) the Redemption Date; (b) the redemption price and the amount of accrued interest to the Redemption Date, if any, payable as provided in Section 5.7; (c) if less than all outstanding Debt Securities of any series are to be redeemed, the identification of the particular Debt Securities of such series (or portion thereof) to be redeemed, as well as the aggregate principal amount of Debt Securities of such series to be redeemed and shall state: (1) the redemption dateaggregate principal amount of Debt Securities of such series to be outstanding after such partial redemption; (2d) in case any Debt Security of a series is to be redeemed in part only, the notice which relates to such Debt Security shall state that on and after the Redemption Date, upon surrender of such Debt Security, the Holder will receive, without charge, a new Debt Security or Debt Securities of the same series and tenor in authorized denominations for the principal amount thereof remaining unredeemed; (e) that on the Redemption Date the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus (and accrued interest, if any, to the date fixed Redemption Date payable as provided in Section 5.7) will become due and payable upon each such Debt Security, or the portion thereof, to be redeemed, and, unless the Company defaults in making the redemption payment, that interest on Debt Securities called for redemption (or the “redemption price”)portion thereof) will cease to accrue on and after said date; (3f) if any Security is being redeemed in part, the portion place or places where such Debt Securities are to be surrendered for payment of the principal amount of such Security to be redeemed redemption price and thataccrued interest, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securitiesif any; (4g) the name and address of the Paying Agent; (5h) that Debt Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7i) the CUSIP numberand ISIN numbers, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) and that no representation is made as to the accuracy or correctness or accuracy of the CUSIP numberand ISIN numbers, if any, listed in such notice or printed on such Debt Securities; and (j) the Securities. At paragraph of the Company’s request, Debt Securities pursuant to which the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information Debt Securities are to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredeemed.

Appears in 3 contracts

Samples: Indenture (Stanley Works), Debt Securities Indenture (Black & Decker Corp), Indenture (Black & Decker Corp)

Notice of Redemption. Except as otherwise Notice of redemption shall be provided as by the Company in the manner provided in Section 1.06 to each Holder of any particular series of Securities, at least 30 days Security to be redeemed (with a copy to the Trustee) not less than five Business Days but not no more than 60 days before a redemption date, Business Days prior to the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemedRedemption Date. The notice shall identify If the Securities of the series to be redeemed are listed on any securities exchange, such notice shall also be made in compliance with the then current rules and procedures of such securities exchange. All notices of redemption shall state: (1a) the redemption dateRedemption Date; (2b) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemedRedemption Price, plus accrued interestinterest and Additional Amounts, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4c) the name and address provision of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) thatthis Indenture, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture any supplemental indenture or any applicable Security pursuant to which the Securities called for redemption are being redeemed; (d) if less than all the Outstanding Securities of any series consisting of more than a single Security are to be redeemed, the identification (and, in the case of partial redemption of any Securities, the principal amounts) of the particular Securities to be redeemed and if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of the particular Security to be redeemed; (e) that on the Redemption Date the Redemption Price, plus accrued interest, if any, will become due and payable upon each such Security to be redeemed and, that, unless the Company defaults in making such redemption payment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on the Securities called for redemption will cease to accrue on and after the Redemption Date; (f) that Securities called for redemption must be surrendered to a Paying Agent to collect the Redemption Price, plus accrued interest and Additional Amounts, if any, and the place or places where each such Security is to be surrendered for payment of the Redemption Price, plus accrued interest and Additional Amounts, if any; and (9g) the CUSIP or ISIN number or numbers, if any, with respect to such Securities, and 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 those Securities. A notice of redemption published as contemplated by Section 1.06 need not identify particular Global Securities to be redeemed. At the Company’s election and at its request, made in writing to the Trustee at least five Business Days before notice is to be mailed to the Holders, the Trustee shall give the notice of redemption in the Company’s name and at its the Company’s expense, provided, however, ; provided that the Company shall have delivered deliver to the Trustee, at least 45 days five Business Days prior to the redemption datedate in which notice is to be mailed to the Holders, an Officers’ 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. The ; provided further that if the Company revokes the notice mailed to the Trustee required by Section 11.02 in accordance with Section 11.02 prior to the manner herein provided shall be conclusively presumed Trustee’s delivering of notice to have been duly given whether or the Holders, the Trustee will not the Holder receives such notice. In any case, failure to give deliver such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityredemption.

Appears in 3 contracts

Samples: Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.), Indenture (Fibria Celulose S.A.)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at least 30 days but not more than 60 days before a redemption date, the Company shall mail a notice of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the "redemption price"); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed;. (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 2 contracts

Samples: Indenture (Entercom Communications Corp), Indenture (Entercom Radio LLC)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail by first class mail a notice of redemption to each Holder whose Securities are to be redeemed, at such Holder’s registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price and any accrued and unpaid interest payable on the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Date; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption dateRedemption Date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original SecuritiesHolder thereof; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price and any accrued and unpaid interest; (65) that, unless the Company defaults in payment of the redemption price, that interest on Securities called for redemption and for which funds have been set apart for payment, ceases to accrue on and after the redemption dateRedemption Date (unless the Company defaults in the payment of the Redemption Price or any accrued and unpaid interest); (6) the aggregate principal amount of Securities (if less than all) that are being redeemed; (7) the CUSIP number, if any, number of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) provided that any such notice may state that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed numbers printed in such the notice or on the Securities and that reliance may be placed only on the other identification numbers printed on the Securities. At ); (8) the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and address of the Paying Agent; (9) that Securities called for redemption may be converted at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days any time prior to the redemption close of business on the last Trading Day immediately preceding the Redemption Date and if not converted prior to the close of business on such date, an Officers’ Certificate requesting the right of conversion will be lost; and (10) that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphcase of Securities or portions thereof called for redemption on a date that is also an Interest Payment Date or a Defaulted Interest payment date, the interest due on such date shall be paid to the Holder of such Security at the close of business on the relevant Regular Record Date or Special Record Date. The notice notice, if mailed in the manner herein provided provided, shall be conclusively presumed to have been duly given given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the to any Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceeding proceedings for the redemption of any other Security. At the Company’s request, the Trustee shall give notice of redemption in the Company’s name and at the Company’s expense.

Appears in 2 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption date, unless a shorter period is specified by the Company shall terms of that series as contemplated by Section 2.02, the Issuer will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Securities are to be redeemedredeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture pursuant to Article 8 or 11. Any notice that is mailed to the Holders of Securities in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. The notice shall will identify the Securities of the series to be redeemed and shall will state: (1) the redemption date; (2) the redemption price fixed in accordance with price, including the terms of the Securities of the series to be redeemed, plus accrued interestinterest and Additional Amounts, if any, to the redemption date fixed for redemption (the “redemption price”)and any make-whole amount or premium, if applicable; (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities of the same series and tenor in principal amount equal to the unredeemed portion will be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent at the Place of Payment to collect the redemption priceprice or to convert (if applicable); (6) that, unless the Company Issuer defaults in payment of the making such redemption pricepayment, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture or any indenture supplemental hereto pursuant to which the Securities called for redemption are being redeemed; and; (9) 8) 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 Securities; (9) that the redemption is for a sinking fund, if applicable; and (10) if applicable, that a Holder of Securities who desires to convert Securities in connection with a redemption must satisfy the requirements for conversion contained in such Securities, the then existing conversion price or rate, and the date and time when the option to convert shall expire. At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its their expense, ; provided, however, that the Company shall have Issuer has delivered to the Trustee, at least 45 days (or such shorter period of time as is satisfactory to the Trustee) prior to the redemption date, an Officers’ 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 2 contracts

Samples: Indenture (BRMK Management, Corp.), Indenture (BRMK Management, Corp.)

Notice of Redemption. Except as (a) Unless otherwise provided as to any indicated for a particular series of SecuritiesSecurities by Board Resolution, at least a supplemental indenture hereto or an Officer’s Certificate, notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at such Holder’s address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);Redemption Price, (3) if less than all the Outstanding Securities of like tenor of any series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed, (4) in case any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed in part only, the notice which relates to such Security shall state that on and that, after the redemption dateRedemption Date, upon surrender of such Security, the Holder of such Security will receive, without charge, a new Security or Securities in of authorized denominations for the principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent;thereof remaining unredeemed, (5) that Securities called for redemption must on the Redemption Date the Redemption Price will become due and payable upon each such Security to be surrendered to the Paying Agent to collect the redemption price; (6) thatredeemed and, unless the Company defaults in payment of the redemption priceif applicable, that interest on Securities called for redemption ceases thereon will cease to accrue on and after such date, (6) the redemption date;CUSIP number and/or similar numbers of such Securities, if any (or any other numbers used by a Depositary to identify such Securities), (7) the CUSIP numberplace or places where such Securities are to be surrendered for payment of the Redemption Price, and (8) that the redemption is for a sinking fund, if any, such is the case. (b) Notice of the redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or Company shall be given by the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityCompany.

Appears in 2 contracts

Samples: Indenture (Hanover Insurance Group, Inc.), Indenture (Hanover Insurance Group, Inc.)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at the address of such Holder appearing in the register of Securities maintained by the Registrar. The notice All notices of redemption shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) that, unless the Company and the Guarantor default in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (4) if any Security is being to be redeemed in part, the portion of the principal amount thereof to be redeemed and that on and after the Redemption Date, upon surrender for cancellation of such Security to be redeemed and that, after the redemption date, upon surrender of such SecurityPaying Agent, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of without charge to the original Securities; (4) the name and address of the Paying AgentHolder; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price and the name and address of the Paying Agent; (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking or analogous fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption date;case; and (7) the CUSIP number, if any, of relating to such Securities, along with the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed statement in such notice or printed on the SecuritiesSection 2.18. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, the expense of the Company; provided that the Company shall have delivered to the Trustee, at least 45 days prior five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.04 (unless a shorter notice shall be satisfactory to the redemption dateTrustee), an Officers’ Certificate requesting that the Trustee give such notice with the form of such notice included as an exhibit thereto and setting forth the information required to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 2 contracts

Samples: Indenture (Phillips 66), Indenture (Phillips 66 Co)

Notice of Redemption. Except as Unless otherwise provided as to any for a particular series Series of SecuritiesSecurities by a Board Resolution, a supplemental indenture or an Officers’ Certificate, at least 30 days but not more than 60 days before a date for redemption dateof Securities, the Company Issuer shall mail a notice of redemption by first-class mail to each Holder whose of Securities are to be redeemedredeemed at such Holder’s registered address. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original SecuritiesSecurity; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company Issuer defaults in making such redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of the redemption pricethis Indenture, interest on Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section provision of the this Indenture pursuant to which the Securities called for redemption are being redeemed; (8) the CUSIP or ISIN number, if any, printed on the Securities being redeemed; and (9) 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 Securities. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption as provided to it in the CompanyIssuer’s name and at its the Issuer’s expense. In such event, provided, however, that the Company Issuer shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice required by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securitythis Section.

Appears in 2 contracts

Samples: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)

Notice of Redemption. Except as otherwise provided as to any particular series of Securities, at At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail a notice of redemption shall be delivered by first-class mail, postage prepaid, to each Holder whose Securities are to be redeemedredeemed at each such Holder's address appearing in the Security Register. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if less than all the Outstanding Securities of like tenor of any Security is being redeemed in partseries are to be redeemed, the portion of the principal amount of any Security of such Security series to be redeemed and that, after the redemption date, date upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Securitiesissued; (4) the name and address place or places where such Securities are to be surrendered for payment of the Paying AgentRedemption Price; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the making such redemption pricepayment, interest on Securities called for redemption ceases to accrue on and after the redemption dateRedemption Date; (76) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section Section of the this Indenture pursuant to which the Securities called for redemption are being redeemed; and (97) 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 Securities. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; PROVIDED, provided, howeverHOWEVER, that the Company shall have delivered to the Trustee, at least 45 40 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of to the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.

Appears in 2 contracts

Samples: Indenture (Olympic Financial LTD), Indenture (Olympic Financial LTD)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least 30 days but postage prepaid, mailed not less than 45 nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed. The notice shall identify the Securities of the series to be redeemed and shall state: (1) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and at his address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s request, the Trustee shall give the notice of redemption appearing in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such Security Register. Any notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given given, whether or not the such Holder receives such the notice. In any case, failure Failure to give such notice by mail mail, or any defect in the notice of the to any such Holder in respect of any Security Security, shall not affect the validity of the proceeding proceedings for the redemption of any other Security. All notices of redemption shall state: (1) the Redemption Date, (2) the Redemption Price and any accrued interest, (3) if less than all the Outstanding Securities of any series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed, (4) that on the Redemption Date the Redemption Price and any accrued interest will become due and payable upon each such Security to be redeemed together with accrued interest thereon and, if applicable, that interest thereon will cease to accrue on and after said date, (5) the place or places where such Securities are to be surrendered for payment of the Redemption Price and any accrued interest, (6) that the redemption is for a sinking fund, if such is the case, and (7) the CUSIP number of the Securities being redeemed. Notice of redemption of Securities to be redeemed at the election of the Issuer shall be given by the Issuer or, at the Issuer's request, by the Trustee in the name and at the expense of the Issuer.

Appears in 2 contracts

Samples: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp)

Notice of Redemption. Except as otherwise provided as to any particular Notice of redemption shall be given by first-class mail, postage prepaid, mailed (or if the Securities of the applicable series of are represented by one or more Global Securities, at least transmitted in accordance with the Depositary’s customary procedures therefor) not less than 30 days but not nor more than 60 days before prior to the Redemption Date, unless a redemption dateshorter period is specified in the Securities to be redeemed, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice shall identify the Securities All notices of the series to be redeemed and redemption shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with Redemption Price or if not then ascertainable, the terms manner of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);calculation thereof, (3) if less than all the Outstanding Securities of any series consisting of more than a single Security is being redeemed in partare to be redeemed, the portion identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed and, if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of such the particular Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) 4) that on the paragraph Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and, if applicable, that interest thereon will cease to accrue on and after said date; (5) the place or places where each such Security is to be surrendered for payment of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedRedemption Price; (6) applicable CUSIP numbers, if any; and (97) that no representation the redemption is made as for a sinking fund, if such is the case. Notice of redemption of Securities to be redeemed at the correctness or accuracy election of the CUSIP numberCompany shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, the expense of the Company; provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption dateRedemption Date (or such shorter period as may be satisfactory to the Trustee), an Officers’ 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 paragraphabove. The Any notice mailed in the manner herein provided of redemption pursuant to this Section shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityirrevocable.

Appears in 2 contracts

Samples: Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least 30 days but postage prepaid, mailed not less than 20 nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice All notices of redemption shall identify describe the Securities of the series to be redeemed Securities, including CUSIP number, and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”)Redemption Price; (3) if any Security is being redeemed in partless than all the Outstanding Securities are to be redeemed, the portion identification (and, in the case of partial redemption of any Securities, the principal amounts) of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the particular Securities to be redeemed; (8) 4) whether such redemption is a Provisional Redemption or an Optional Redemption; (5) that on the paragraph Redemption Date the Redemption Price shall become due and payable upon each such Security to be redeemed and that interest thereon shall cease to accrue on and after said date; (6) the conversion price, the date on which the right to convert the Securities to be redeemed will terminate and the place or places where such Securities may be surrendered for conversion; (7) the place or places where such Securities are to be surrendered for payment of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemedRedemption Price; and (9) that no representation 8) if such a redemption is made as to a Provisional Redemption, the correctness or accuracy amount of the CUSIP numberMake-Whole Payment. Notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expensethe expense of the Company, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityirrevocable.

Appears in 2 contracts

Samples: Indenture (Human Genome Sciences Inc), Indenture (Human Genome Sciences Inc)

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first class mail, at least postage prepaid, mailed not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at his address appearing in the Security Register. The notice All notices of redemption shall identify the Securities of the series to be redeemed (including, if used, CUSIP or CINS numbers) and shall state: (1) the redemption date;Redemption Date, (2) the redemption price fixed in accordance with the terms of the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);Redemption Price, (3) if any Security is being redeemed in partless than all the Outstanding Securities are to be redeemed, the portion identification (and, in the case of partial redemption, the principal amount at maturity) of the particular Securities to be redeemed, (4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion that interest thereon will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases cease to accrue on and after such Redemption Date, (5) the place or places where such Securities are to be surrendered for payment of the Redemption Price, and (6) if the redemption date; (7) is being made pursuant to the CUSIP number, if any, provisions of the Securities regarding a Public Equity Offering or a sale of Qualified Equity Interests of the Company to Strategic Equity Investors, a brief description of the transaction or transactions giving rise to such redemption, the nature and amount of Qualified Equity Interests sold by the Company thereto in such transaction or transactions, the aggregate purchase price thereof and the net cash proceeds therefrom available for such redemption, the date or dates on which such transaction or transactions were completed and the percentage of the aggregate principal amount at maturity of Outstanding Securities being redeemed. Notice of redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or Company shall be given by the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) that no representation is made as to the correctness or accuracy of the CUSIP numberCompany or, if any, listed in such notice or printed on the Securities. At at the Company’s 's request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the expense of the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Securityirrevocable.

Appears in 2 contracts

Samples: Indenture (Fox Kids Worldwide Inc), Indenture (FLN Finance Inc)

Notice of Redemption. Except as (a) Unless otherwise provided as to any particular series in a Supplemental Indenture, notice of Securitiesredemption shall be given by the Trustee, at least 30 days but not less than 20 nor more than 60 days before prior to the redemption date (i) as to Bonds not registered in the name of a Securities Depository or its nominee, to the respective Owners of the Bonds designated for redemption at their addresses appearing on the Registration Books, (ii) as to Bonds registered in the name of a Securities Depository or its nominee, to such Securities Depository for such Bonds, and (iii) the Information Services. Notice of redemption to the Owners pursuant to clause (i) above shall be given by mail at their addresses appearing on the Registration Books, or any other method agreed upon by such Owner and the Trustee. Notice of redemption to the Securities Depositories pursuant to clause (ii) above and the Information Services pursuant to clause (iii) above shall be given by electronically secure means, or any other method agreed upon by such entities and the Trustee. Such notice shall state the date of the notice, the redemption date, the Company redemption place and the Redemption Price and shall mail a notice designate the CUSIP numbers (if any), the Bond numbers, the Series and the maturity or maturities (except in the event of redemption to each Holder whose Securities are to be redeemed. The notice shall identify the Securities of all of the series to be redeemed and shall state: (1Bonds of such maturity or maturities in whole) the redemption date; (2) the redemption price fixed in accordance with the terms of the Securities of the series Bonds to be redeemed, plus accrued interestand shall require that such Bonds be then surrendered at the Office of the Trustee for redemption at the Redemption Price, if any, to giving notice also that further interest on such Bonds will not accrue from and after the date fixed for redemption. Such notice of redemption (the “redemption price”); (3) if any Security is being redeemed in part, the portion of the principal amount of such Security to be redeemed and that, after the redemption date, upon surrender of such Security, a new Security or Securities in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Securities; (4) the name and address of the Paying Agent; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in payment of the redemption price, interest on Securities called for redemption ceases to accrue on and after the redemption date; (7) the CUSIP number, if any, of the Securities to be redeemed; (8) the paragraph of the Securities and/or the section of the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) may state that no representation is made as to the accuracy or correctness or accuracy of the CUSIP numbernumbers printed therein or on the Bonds. Neither the failure to receive any notice so given, nor any defect in such notice, shall affect the validity of the proceedings for the redemption of the Bonds or the cessation of accrual of interest thereon from and after the date fixed for redemption. (b) With respect to any notice of optional redemption of the Bonds, such notice may state that such redemption shall be conditional upon the receipt by the Trustee, on or prior to the date fixed for such redemption, of moneys sufficient to pay the principal of, premium if any, listed in such notice or printed and interest on the SecuritiesBonds to be redeemed and upon other conditions set forth therein and that, if such money shall not have been so received or such other conditions shall not have been satisfied, said notice shall be of no force and effect and the Authority shall not be required to redeem such Bonds. At the Company’s request, the Trustee shall give the notice of redemption If any condition stated in the Company’s name and at its expense, provided, however, that the Company redemption notice for an optional redemption shall not have delivered to the Trustee, at least 45 days been satisfied on or prior to the redemption date, an Officers’ Certificate requesting that : (i) the Trustee give such redemption notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other Security.no force and effect,

Appears in 2 contracts

Samples: Master Indenture, Master Indenture

Notice of Redemption. Except as otherwise provided as to any particular series Notice of Securitiesredemption shall be given by first-class mail, at least postage prepaid, mailed not less than 30 days but (or not less than 15 days in the case of convertible Securities) nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail a notice of redemption to each Holder whose of Securities are to be redeemed, at the address of such Holder appearing in the register of Securities maintained by the Registrar. The notice All notices of redemption shall identify the Securities of the series to be redeemed and shall state: (1) the redemption dateRedemption Date; (2) the redemption price fixed in accordance with Redemption Price (or the terms method of calculating or determining the Securities of the series to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”Redemption Price); (3) that, unless the Issuers and the Subsidiary Guarantors default in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (4) if any Security is being to be redeemed in part, the portion of the principal amount thereof to be redeemed and that on and after the Redemption Date, upon surrender for cancellation of such Security to be redeemed and that, after the redemption date, upon surrender of such SecurityPaying Agent, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of without charge to the original Securities; (4) the name and address of the Paying AgentHolder; (5) that Securities called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price and the name and address of the Paying Agent; (6) that, unless the Company defaults in payment of that the redemption priceis for a sinking or analogous fund, interest on Securities called for redemption ceases to accrue on and after if such is the redemption datecase; (7) if such Securities are convertible into or exchangeable for common units, other debt securities (including Securities), warrants, other equity securities or any other securities or property of the Issuers, any Subsidiary Guarantor or any other Person, the name and address of the conversion or exchange agent, the date on which the right to convert or exchange is terminated and the conversion or exchange rate; and (8) the CUSIP number, if any, relating to such Securities. Notice of the redemption of Securities to be redeemed; (8) redeemed at the paragraph election of the Securities and/or Issuers shall be given by the section of Issuers or, at the Indenture pursuant to which the Securities called for redemption are being redeemed; and (9) 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 Securities. At the Company’s Issuers’ written request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense, provided, however, that the Company shall have delivered to the Trustee, at least 45 days prior to the redemption date, an 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. The notice mailed in the manner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice expense of the Holder of any Security shall not affect the validity of the proceeding for the redemption of any other SecurityIssuers.

Appears in 2 contracts

Samples: Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM FINANCE Corp)

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