Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state: (a) the Redemption Date; (b) the Redemption Price; (c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed; (d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued; (e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price; (f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date; (g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price; (h) the CUSIP number, if any, relating to such Securities; and (i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 8 contracts
Samples: Indenture (Oxford Industries Inc), Exhibit (Autobahn Inc), Indenture (Ingles Markets Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 106 to the Holders of Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) if less than all Outstanding the Securities of any series or Tranche are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in redeemed and the case portion of a the principal amount of any Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such Securities; Securities that such surrender shall not be required,
(f) that the redemption is for a sinking or other fund, if such is the case, and
(ig) such other matters as the procedures Company shall deem desirable or appropriate. Unless otherwise specified with respect to any Securities in accordance with Section 301, with respect to any notice of redemption of Securities at the election of the Company, unless, upon the giving of such notice, such Securities shall be deemed to have been paid in accordance with Section 701, such notice may state that such redemption shall be conditional upon the receipt by the Paying Agent or Agents for such Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and premium, if any, and interest, if any, on such Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Company shall not be required to redeem such Securities. In the event that such notice of redemption contains such a Holder must follow to surrender condition and such money is not so received, the Securities redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to be redeemedmade. Notice of redemption of Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of a condition for redemption as aforesaid, shall be given by the Company or, at the Company's written requeston Company Request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 8 contracts
Samples: Subordinated Indenture (American Electric Power Co Inc), Subordinated Indenture (Pp&l Capital Funding Inc), Subordinated Indenture (Pp&l Capital Funding Trust I)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) if less than all the Outstanding Securities of any series and of a specified tenor consisting of more than a single Security are to be redeemed, the identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series and of a specified tenor consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedredeemed;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such SecuritiesSecurities that such surrender shall not be required;
(6) that the redemption is for a sinking fund, if such is the case; and
(i7) such other matters as the procedures Corporation shall deem desirable or appropriate. Unless otherwise specified with respect to any Securities in accordance with Section 301, with respect to any redemption of Securities at the election of the Corporation, unless, upon the giving of notice of such redemption, Defeasance shall have been effected with respect to such Securities pursuant to Section 1302, such notice may state that such redemption shall be conditional upon the receipt by the Trustee or the Paying Agent(s) for such Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and any premium and interest on such Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Corporation shall not be required to redeem such Securities. In the event that such notice of redemption contains such a Holder must follow condition and such money is not so received, the redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to surrender be made, and the Trustee or Paying Agent(s) for the Securities otherwise to be redeemedhave been redeemed shall promptly return to the Holders thereof any of such Securities which had been surrendered for payment upon such redemption. Notice of redemption of Securities to be redeemed at the election of the Company Corporation, and any notice of non-satisfaction of redemption as aforesaid, shall be given by the Company Corporation or, at the CompanyCorporation's written request, by the Trustee in the name and at the expense of the CompanyCorporation. If Subject to the Company elects to give preceding paragraph, any such notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided redemption shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 8 contracts
Samples: Subordinated Indenture (Duke Energy Capital Trust Ii), Subordinated Indenture (Duke Capital Financing Trust Iii), Senior Indenture (Sempra Energy Holdings)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder of Securities to be redeemed, at its this address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) 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;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(if) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if of redemption mailed in the manner herein provided shall be conclusively presumed to have been given, 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings proceeding for the redemption of any other Security.
Appears in 8 contracts
Samples: Indenture (R H Donnelley Corp), Indenture (Masco Corp /De/), Indenture (Pitney Bowes Credit Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 106 to the Holders of the Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) if less than all Outstanding the Securities of any series or Tranche are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in redeemed and the case portion of a the principal amount of any Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such Securities; Securities that such surrender shall not be required,
(f) that the redemption is for a sinking or other fund, if such is the case, and
(ig) such other matters as the procedures Company shall deem desirable or appropriate. Unless otherwise specified with respect to any Securities in accordance with Section 301, with respect to any notice of redemption of Securities at the election of the Company, unless, upon the giving of such notice, such Securities shall be deemed to have been paid in accordance with Section 701, such notice may state that such redemption shall be conditional upon the receipt by the Paying Agent or Agents for such Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and premium, if any, and interest, if any, on such Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Company shall not be required to redeem such Securities. In the event that such notice of redemption contains such a Holder must follow condition and such money is not so received, the redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to surrender be made, and the Paying Agent or Agents for the Securities otherwise to be redeemedhave been redeemed shall promptly return to the Holders thereof any of such Securities which had been surrendered for payment upon such redemption. Notice of redemption of Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of a condition for redemption as aforesaid, shall be given by the Company or, at the Company's written request, by the Trustee Security Registrar in the name and at the expense of the Company. If Notice of mandatory redemption of Securities shall be given by the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed Security Registrar in the manner herein provided shall be conclusively presumed to have been given, whether or not name and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 8 contracts
Samples: Indenture (Interstate Power Co), Indenture (Texas Utilities Electric Co), Indenture (For Subordinated Debt Securities) (Carolina Power & Light Co)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 10.2 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 110511.5. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 7 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed or pursuant to applicable Depositary procedures not less than 30 days 15 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his or her address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) 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 such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) that on the Redemption Date, if such is the case, the right of the holders of each such Security to convert the Securities shall terminate,
(f) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;,
(g) that the redemption is for a sinking fund, if such is the case, and
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemedapplicable “CUSIP” numbers. Notice of redemption of Securities to be redeemed at the election of the Company Issuer shall be given by the Company Issuer or, at the Company's written requestIssuer’s request and provision to the Trustee of such notice provisions at least two days prior to the date the notice of redemption is to be given to the Holders, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided Issuer and shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 7 contracts
Samples: Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 106 to the Holders of the Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) if less than all Outstanding the Securities of any series are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in redeemed and the case portion of a the principal amount of any Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such Securities; Securities that such surrender shall not be required,
(f) that the redemption is for a sinking or other fund, if such is the case, and
(ig) such other matters as the procedures Company shall deem desirable or appropriate. Unless otherwise specified with respect to any Securities in accordance with Section 301, with respect to any notice of redemption of Securities at the election of the Company, unless, upon the giving of such notice, such Securities shall be deemed to have been paid in accordance with Section 701, such notice may state that such redemption shall be conditional upon the receipt by the Paying Agent or Agents for such Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and premium, if any, and interest, if any, on such Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Company shall not be required to redeem such Securities. In the event that such notice of redemption contains such a Holder must follow condition and such money is not so received, the redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to surrender be made, and the Paying Agent or Agents for the Securities otherwise to be redeemedhave been redeemed shall promptly return to the Holders thereof any of such Securities which had been surrendered for payment upon such redemption. Notice of redemption of Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of a condition for redemption as aforesaid, shall be given by the Company or, at the Company's written request, by the Trustee Security Registrar in the name and at the expense of the Company. If Notice of mandatory redemption of Securities shall be given by the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed Security Registrar in the manner herein provided shall be conclusively presumed to have been given, whether or not name and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 6 contracts
Samples: Indenture (Delmarva Power & Light Co /De/), Indenture (Enserch Capital I), Indenture (Minnesota Power & Light Co)
Notice of Redemption. Notice At least 30 days but not more than 60 days before a Redemption Date, the Company shall mail a notice of redemption shall be given by first-first class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder whose Securities are to be redeemed at its registered address. 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 to be redeemed, at its address appearing in the Security Register. All notices of redemption redeemed and shall state:
(a1) the Redemption Date;
(b2) the Redemption PricePrice and the amount of accrued interest, if any, to be paid;
(c3) if less than all Outstanding Securities are to be redeemed, the identification name and address of the particular Securities to be redeemedPaying Agent;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e4) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption PricePrice plus accrued interest, if any;
(f5) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthat, and that (unless the Company shall default defaults in payment of making the Redemption Price) redemption payment, interest thereon shall cease on Securities called for redemption ceases to accrue on and after said datethe 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;
(g6) if any Security is being redeemed in part, the names and addresses portion of the Paying Agent principal amount of such Security to be redeemed and that, after the offices Redemption Date, and upon surrender of such Security, a new Security or agencies referred Securities in aggregate principal amount equal to in Section 1002 where such the unredeemed portion thereof will be issued;
(7) if fewer than all the Securities are to be surrendered for payment redeemed, the identification of the Redemption Price;
particular Securities (hor portion thereof) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed. Notice of redemption , as well as the aggregate principal amount of Securities to be redeemed at and the election aggregate principal amount of Securities to be outstanding after such partial redemption; and
(8) the Paragraph of the Company shall Securities pursuant to which the Securities are to be given by the Company or, at the Company's written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105redeemed. The notice notice, if mailed in the a manner herein provided provided, shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a in whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 6 contracts
Samples: Indenture (Building One Services Corp), Indenture (Building One Services Corp), Indenture (Building One Services Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days 15 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will shall be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will shall become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or to any defect in the notice to the Holder of any Security designated for redemption as a whole or in part part, or any defect in any such notice, shall not affect the validity of the proceedings for the redemption of any other Security. Notices of redemption may be given prior to the completion of any event or transaction related to such redemption, and any redemption or notice may, at the Company’s discretion, be subject to one of more conditions precedent, including, but not limited to, completion of an Equity Offering. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions precedent shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions precedent shall not have been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 6 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Notice of Redemption. Notice (a) At least 10 days but not more than 60 days before a date for redemption of Securities, the Company shall mail a notice of redemption shall be given by first-class mailmail (or delivered through the depositary’s requirement if the Securities are held through a depositary) to each Holder of Securities to be redeemed at such Holder’s registered address, postage prepaid, except that redemption notices may be mailed not less than 30 days nor more than 60 days prior to the Redemption Dateredemption date if the notice is issued in connection with a defeasance of the Securities or a satisfaction and discharge of this Indenture. Any inadvertent defect in the notice of redemption, including an inadvertent failure to give notice, to each any Holder selected for redemption shall not impair or affect the validity of the redemption of any other Security redeemed in accordance with the provisions of this Indenture. The notice shall identify the Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption redeemed and shall state:
(ai) the Redemption Dateredemption date;
(bii) the Redemption Priceredemption price and the amount of accrued interest to the redemption date;
(ciii) if less than all Outstanding Securities are to be redeemed, the identification name and address of the particular Securities to be redeemedPaying Agent;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(eiv) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Priceredemption price;
(fv) that if fewer than all the outstanding Securities are to be redeemed (and if other than on a pro rata basis), the Redemption Date identification numbers and principal amounts (which amounts may be stated as a ratio of the Redemption Price will become due and payable upon each such Security or portion thereof amount to be redeemed per $1,000 principal amount outstanding) of the particular Securities to be redeemed;
(vi) that, and that (unless the Company shall default defaults in payment of the Redemption Pricemaking such redemption payment, interest on Securities (or portion thereof) interest thereon shall cease called for redemption ceases to accrue on and after said the redemption date;
(gvii) the names and addresses of the Paying Agent and the offices “CUSIP” number, ISIN or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP “Common Code” number, if any, relating to such Securitiesprinted on the Securities being redeemed; and
(iviii) that no representation is made as to the procedures that a Holder must follow correctness or accuracy of the “CUSIP” number, ISIN or “Common Code” number, if any, listed in such notice or printed on the Securities.
(b) At the Company’s request, upon written notice provided to surrender the Securities Trustee at least 45 days prior to be redeemed. Notice the redemption date, the Trustee shall give the notice of redemption of Securities to be redeemed at the election of the Company shall be given by the Company or, at in the Company's written request, by the Trustee in the ’s name and at the expense of the Company’s expense. If In such event, the Company elects to give notice of redemption, it shall provide the Trustee with the information required by this Section 3.03 and a certificate stating copy of the proposed notice of redemption to be mailed to the Holders.
(c) Any redemption or notice of redemption may, at the Company’s option and discretion, be subject to one or more conditions precedent, including the consummation of an incurrence or issuance of debt or equity or a Change of Control or other corporate transaction. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such notice of redemption shall describe each such condition and, if applicable, shall state that, in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied (or waived by the Company in its sole discretion) or that such redemption may not occur and such notice has may be rescinded in the event that any or all such conditions shall not have been given satisfied (or waived by the Company in compliance with its sole discretion) by the requirements of this Section 1105redemption date as stated in such notice, or by the redemption date as so delayed. The notice if mailed Company may provide in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice that payment of the redemption price and performance of the Company’s obligations with respect to such redemption may be performed by mail or any defect in the another Person. The Company shall provide at least two Business Days’ prior written notice to the Trustee prior to the redemption date (or such lesser period as the Trustee may agree to) if any such redemption is being rescinded or delayed, and upon receipt, the Trustee shall promptly provide such notice to each Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other SecuritySecurities.
Appears in 5 contracts
Samples: Indenture (NCR Corp), Indenture (NCR Corp), Indenture (NCR Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.6 to the Holders of Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to and such notice shall be redeemed, at its address appearing in the Security Registerirrevocable. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;, and accrued interest (including Liquidated Damages, if any), if any, to the Redemption Date,
(c3) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the aggregate principal amount of such Security Securities to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof of Securities which will be issued;outstanding after such partial redemption,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price Price, and accrued interest (including Liquidated Damages, if any), if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;,
(g5) the names and addresses of Conversion Rate, the Paying Agent date on which the right to convert the Securities to be redeemed will terminate and the offices places where such Securities may be surrendered for conversion, and
(6) the place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
Price and accrued interest (h) the CUSIP numberincluding Liquidated Damages, if any), if any, relating to such Securities; and
the Redemption Date. In case of a partial redemption, the notice shall specify the serial and CUSIP numbers (iif any) and the procedures portions thereof called for redemption and that a Holder must follow transfers and exchanges may occur on or prior to surrender the Securities to be redeemedRedemption Date. 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 written request, by the Trustee in the name of and at the expense of the Company. If Notice of redemption of Securities to be redeemed at the election of the Company elects to give notice of redemption, it shall provide received by the Trustee with a certificate stating that such notice has been shall be given in compliance with by the requirements of this Section 1105. The notice if mailed Trustee to each Paying Agent in the manner herein provided shall be conclusively presumed to have been given, whether or not name of and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 5 contracts
Samples: Indenture (Bea Systems Inc), Indenture (Mercury Interactive Corporation), Indenture (Bea Systems Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) if less than all the Outstanding Securities of any series and of a specified tenor consisting of more than a single Security are to be redeemed, the identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series and of a specified tenor consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedredeemed;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such Securities that such surrender shall not be required;
(6) that the redemption is for a sinking fund, if such is the case;
(7) the CUSIP number of such Securities, if any, or any other numbers used by the Depositary to identify such securities; and
(i) 8) such other matters as the procedures that a Holder must follow to surrender the Securities to be redeemedCorporation shall deem desirable or appropriate. Notice of redemption of Securities to be redeemed at the election of the Company Corporation shall be given by the Company Corporation or, at the CompanyCorporation's written request, by the Trustee in the name and at the expense of the CompanyCorporation. If the Company elects to give Any such notice of redemptionredemption shall be irrevocable. On or prior to any Redemption Date, it the Corporation shall provide deposit, with respect to the Securities of any series called for redemption pursuant to this Section 1104, with the Trustee or with a certificate stating that such notice has been given in compliance with the requirements Paying Agent an amount of this Section 1105. The notice if mailed money in the manner herein provided shall applicable currency sufficient to pay the Redemption Price of, and any accrued interest on, all such Securities or portion thereof which are to be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityredeemed on that date.
Appears in 5 contracts
Samples: Senior Indenture (San Diego Gas & Electric Co), Senior Indenture (Sempra Energy), Senior Indenture (Sempra Energy Global Enterprises)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.06 to the Holders of Notes to be redeemed not less than 30 days 10 nor more than 60 days prior to the Redemption Date, except that any notice of redemption may be given more than 60 days prior to each Holder a Redemption Date if the notice is issued in connection with a Defeasance of Securities Notes pursuant to be redeemedArticle Thirteen hereof or a satisfaction and discharge of this Indenture pursuant to Article Four hereof. In connection with any redemption of Notes, any such redemption may, at its address appearing the Company’s discretion, be subject to satisfaction of one or more conditions precedent. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice may state that, in the Security RegisterCompany’s discretion, the Redemption Date may be delayed (including more than 60 days after notice is given) until such time as any or all such conditions shall be satisfied (or waived by the Company in its sole discretion), 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 (or waived by the Company in its sole discretion) by the Redemption Date, or by the Redemption Date so delayed. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) if less than all the Outstanding Securities Notes are to be redeemed, the identification of the particular Securities to be redeemed;
(d) and, in the case of a Security partial redemption of any such Notes, the principal amounts) of the Notes to be redeemed in partand, if less than all the Outstanding Notes are to be redeemed, the principal amount of such Security the Notes to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof the Notes to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities Notes are to be surrendered for payment of the Redemption Price;,
(hf) the CUSIP numberapplicable “ISIN” and/or “CUSIP” numbers, if any, relating to such Securities; and
(ig) if applicable, that such redemption may be subject to satisfaction of one or more conditions precedent. A notice of redemption published as contemplated by Section 1.06 need not identify the procedures that a Holder must follow to surrender the Securities particular Notes to be redeemed. Notice of redemption of Securities Notes to be redeemed at the election of the Company shall be given by the Company or, at the Company's written ’s request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 4 contracts
Samples: Senior Secured Notes Agreement (Office Properties Income Trust), Exchange Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 106 not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed; provided, at its address appearing however, that in the Security Registercase of an optional redemption in which the Company has called for redemption all outstanding Securities in connection with a refinancing of such Securities, the Company shall be permitted to (i) specify a proposed redemption date, (ii) 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, (iii) 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 (iv) 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 shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) if less than all Outstanding Securities are to be redeemed, the identification (and, in the case of a partial redemption, the principal amounts) of the particular Securities to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price (together with accrued interest, if any, to the Redemption Date payable as provided in Section 1107) will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;, and
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 4 contracts
Samples: Indenture (Gb Property Funding Corp), Indenture (Gb Property Funding Corp), Indenture (Gb Property Funding Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 1.06 not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;Price and the amount of accrued and unpaid interest to the Redemption Date payable as provided in Section 11.07, if any,
(c) if less than all Outstanding Securities are to be redeemed, the identification (and, in the case of a partial redemption, the principal amounts) of the particular Securities to be redeemed;,
(d) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal to the unredeemed portion thereof will be issued;remaining unredeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price (and accrued interest, if any, to the Redemption Date payable as provided in Section 11.07) will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(gf) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating to such Securities; and
(ig) the procedures that a Holder must follow to surrender CUSIP or CINS number, as the Securities to be redeemedcase may be. 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 written request, by the Trustee in the name and at the expense of the Company. If As long as the Securities are listed on the Luxembourg Stock Exchange and the rules of such stock exchange require, the Company elects to will give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 redemption to the Holder Luxembourg Stock Exchange and publish a notice of any Security designated for redemption as in a whole or in part shall not affect the validity Luxembourg newspaper of the proceedings for the redemption of any other Securitygeneral circulation.
Appears in 4 contracts
Samples: Indenture (Amvescap PLC/London/), Indenture (Amvescap PLC/London/), Indenture (Amvescap PLC/London/)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its such Holder's address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(3) whether the redemption is being made pursuant to Section 11.01(a), (b) or (c) and, if being made pursuant to Section 11.01(a) or (b), a brief statement setting forth the Issuer's right to effect such redemption and the Issuer's basis therefor,
(4) if less than all the Outstanding Securities are to be redeemed, the identification (and, in the case of partial redemption of any Securities, the principal amounts at maturity) of the particular Securities to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f5) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, redeemed and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i7) that in the procedures case that a Security is only redeemed in part, the Issuer shall execute and the Trustee shall authenticate and deliver to the Holder must follow of such Security without service charge, a new Security or Securities in an aggregate amount equal to surrender the Securities to be redeemedunredeemed portion of the Security. Notice of redemption of Securities to be redeemed at the election of the Company Issuer shall be given by the Company Issuer or, at the CompanyIssuer's written request, by the Trustee in the name and at the expense of the CompanyIssuer. If so requested by the Company elects to give notice of redemptionIssuer, it shall provide the Trustee with a certificate stating that shall mail any such notice has been given in compliance with not later than the requirements date specified for mailing by the Issuer, which shall not be sooner than 5 days after receipt by the Trustee of this Section 1105. The notice if mailed in the manner herein provided such request (unless a shorter period shall be conclusively presumed to have been 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 satisfactory to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other SecurityTrustee).
Appears in 4 contracts
Samples: Indenture (RSL Communications LTD), Indenture (RSL Communications LTD), Indenture (RSL Communications LTD)
Notice of Redemption. Notice of redemption shall be given by first-class mailthe Company, postage prepaidor at the Company’s request delivered at least three (3) Business Days prior to the date such notice is to be given to the Holders (unless a shorter period shall be acceptable to the Trustee), mailed not less than by the Trustee in the name and at the expense of the Company, at least 30 days nor and not more than 60 days prior to the Redemption DateDate to the Holders of Debt Securities of any series to be redeemed in whole or in part pursuant to this Article XII, in the manner provided in Section 1.5. Any notice so given shall be conclusively presumed to each have been duly given, whether or not the Holder receives such notice. Failure to give such notice, or any defect in such notice to the Holder of Securities any Debt Security of a series designated for redemption, in whole or in part, shall not affect the sufficiency of any notice of redemption with respect to be redeemed, at its address appearing in the Holder of any other Debt Security Registerof such series. All notices of redemption shall state:
(a1) the Redemption Date;
(b2) the Redemption PricePrice or, if not then ascertainable, the manner of calculation thereof;
(c3) that Debt Securities of such series are being redeemed by the Company pursuant to provisions contained in this Indenture or the terms of the Debt Securities of such series or a supplemental indenture establishing such series, if such be the case, together with a brief statement of the facts permitting such redemption;
(4) if less than all Outstanding Debt Securities of any series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Debt Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f5) that on the Redemption Date the Redemption Price will become due and payable upon each such Debt Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon thereon, if any, shall cease to accrue on and after said date;
(g6) the names and addresses Place or Places of the Paying Agent and the offices or agencies referred to in Section 1002 Payment where such Debt Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i7) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityis for a sinking fund, if such is the case.
Appears in 4 contracts
Samples: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 106 to the Holders of the Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date. Except as otherwise specified as contemplated by Section 301 for Securities of any series, to each Holder of Securities to be redeemedor any Tranche thereof, at its address appearing in the Security Register. All all notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;, or the formula pursuant to which the Redemption Price is to be determined if the Redemption Price cannot be determined at the time the notice is given,
(c) if less than all the Outstanding Securities of any series or Tranche are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in redeemed and the case portion of a the principal amount of any Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;Price and accrued interest, if any, unless it shall have been specified as contemplated by Section 301 with respect to such Securities that such surrender shall not be required,
(f) that the redemption is for a sinking or other fund, if such is the case,
(g) the CUSIP numbers, if any, assigned to such Securities; provided however, that such notice may state that no representation is made as to the correctness of CUSIP numbers, and the redemption of such Securities shall not be affected by any defect in or omission of such numbers, and
(h) such other matters as the CUSIP numberCompany shall deem desirable or appropriate. Unless otherwise specified with respect to any Securities in accordance with Section 301, with respect to any notice of redemption of Securities at the election of the Company, unless, upon the giving of such notice, such Securities shall be deemed to have been paid in accordance with Section 701, such notice may state that such redemption shall be conditional upon the receipt by the Paying Agent or Agents for such Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and premium, if any, relating and interest, if any, on such Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Company shall not be required to redeem such Securities; and
(i) . In the procedures event that such notice of redemption contains such a Holder must follow condition and such money is not so received, the redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to surrender be made, and the Paying Agent or Agents for the Securities otherwise to be redeemedhave been redeemed shall promptly return to the Holders thereof any of such Securities which had been surrendered for payment upon such redemption. Notice of redemption of Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of a condition for redemption as aforesaid, shall be given by the Company or, at the Company's written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice Notice of redemption, it mandatory redemption of Securities shall provide be given by the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not name and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 4 contracts
Samples: Indenture (Florida Power & Light CO Trust II), Indenture (FPL Group Trust II), Indenture (FPL Group Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any - 145 - case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 4 contracts
Samples: Indenture (Uag Connecticut I LLC), Indenture (Uag Mentor Acquisition LLC), Indenture (Atlantic Auto Funding Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 45 days prior to the Redemption Date, unless otherwise provided in an indenture supplemental hereto, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) 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;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h6) that the redemption is for a sinking fund, if such is the case;
(7) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender of the Securities to be redeemed; and
(8) unless otherwise provided as to a particular series of Securities, if at the time of publication or mailing of any notice of redemption the Company shall not have deposited with the Trustee or Paying Agent and/or irrevocably directed the Trustee or Paying Agent to apply, from money held by it available to be used for the redemption of Securities, an amount in cash sufficient to redeem all of the Securities called for redemption, including accrued interest to the Redemption Date, such notice shall state that it is subject to the receipt of the redemption moneys by the Trustee or Paying Agent before the Redemption Date (unless such redemption is mandatory) and such notice shall be of no effect unless such moneys are so received before such date. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 4 contracts
Samples: Indenture (WPS Resources Corp), Indenture (WPS Resources Corp), Indenture (Wisconsin Public Service Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less later than 30 days nor more the thirtieth day, and not earlier than 60 days the sixtieth day, prior to the Redemption Date, to each Holder of Securities to be redeemed, at its the address appearing of such Holder as it appears in the Security Securities Register. All notices With respect to Securities of each series to be redeemed, each notice of redemption shall identify the Securities to be redeemed (including CUSIP number, if a CUSIP number has been assigned to such Securities of such Series) and shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities of such particular series and having the same terms are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon thereon, if any, shall cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(if) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105not be irrevocable. The notice if 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, a failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 4 contracts
Samples: Indenture (Provident Capital Trust Iv), Junior Subordinated Indenture (First Tennessee National Corp), Indenture (Provident Capital Trust Iii)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities of a series to be redeemed, at its the address of such Holder appearing in the Security Registerregister of Securities for such series maintained by the Registrar. All notices of redemption shall identify the Securities to be redeemed and shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) if less than all Outstanding that, unless the Company defaults in making the redemption payment, interest on Securities are called for redemption ceases to be redeemedaccrue on and after the Redemption Date, and the identification only remaining right of the particular Holders of such Securities is to be receive payment of the Redemption Price plus accrued interest on and any Additional Amounts with respect to such Securities upon surrender to the Paying Agent of the Securities redeemed;
(d4) in the case of a if any Security is to be redeemed in part, the portion of the principal amount of such Security thereof to be redeemed and that on and after the Redemption Date Date, upon surrender for cancellation of such SecuritySecurity to the Paying Agent, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedissued without charge to the Holder;
(e5) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption PricePrice plus accrued interest on and any Additional Amounts with respect to such Securities and the name and address of the Paying Agent;
(f6) that on the Redemption Date redemption is for a sinking or analogous fund, if such is the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;case; and
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h7) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If at the time notice of redemption shall be given the Company elects to give notice of redemption, it shall provide not have deposited with a Paying Agent and/or irrevocably directed the Trustee with or a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall Paying Agent to apply, from money held by it available to be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings used for the redemption of any other SecuritySecurities that are to be redeemed, an amount in cash sufficient to redeem all of the Securities called for redemption, including accrued interest to the Redemption Date, such notice shall state that it is subject to the receipt of the redemption monies by the Trustee or a Paying Agent on or before the Redemption Date and such notice shall be of no effect unless such monies are so received before such date.
Appears in 4 contracts
Samples: Indenture (R&b Falcon Corp), Indenture (R&b Falcon Corp), Indenture (Seitel Capital Trust Ii)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder of Securities to be redeemed, at its the address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) 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;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(f) the CUSIP numbers, if any, of such Security,
(g) 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
(h) that the CUSIP numberredemption is for a sinking fund, if any, relating to such Securities; and
(i) is the procedures that a Holder must follow to surrender the Securities to be redeemedcase. 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 written ’s request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if of redemption mailed in the manner herein provided shall be conclusively presumed to have been given, 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings proceeding for the redemption of any other Security.
Appears in 3 contracts
Samples: Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.), Indenture (Avon Products Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed or otherwise in accordance with the Applicable Procedures not less than 30 days 10 nor more than 60 days prior to the Redemption DateDate (or within such period as otherwise specified as contemplated by Section 3.01 for the relevant Securities), to each Holder of Securities to be redeemed, at its such Holder’s address appearing in the Security Register. All notices of redemption shall identify the Securities to be redeemed (including CUSIP numbers, if any) and shall state:
(a) the Redemption Date;
(b) the Redemption PricePrice (or the method of calculating such price);
(c) 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 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;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(hf) that the CUSIP numberredemption is for a sinking fund, if any, relating to such Securitiesis the case; and
(ig) for any Securities that by their terms may be converted, the procedures that a Holder must follow terms of conversion, the date on which the right to surrender convert the Securities Security to be redeemedredeemed will terminate and the place or places where such Securities may be surrendered for conversion. 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 written request’s request (which may be rescinded or revoked at any time prior the time at which the Trustee shall have given such notice to the Holders), by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemptionThe notice, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed sent in the manner herein provided provided, shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or otherwise in accordance with the Applicable Procedures or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other SecuritySecurities.
Appears in 3 contracts
Samples: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (NextCure, Inc.)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 14.2 to the Holders of Debentures to be redeemed. Such notice shall be given not less than 30 days 20 nor more than 60 days prior to the intended Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a1) the such intended Redemption Date;
(b2) the Redemption PricePrice and Interest (including Contingent Interest) accrued and unpaid to, but excluding, the Redemption Date, if any;
(c3) if less fewer than all the Outstanding Securities Debentures are to be redeemed, the identification principal amount of Debentures to be redeemed and the particular Securities principal amount of Debentures which will be Outstanding after such partial redemption;
(4) that on the Redemption Date, the Redemption Price and Interest (including Contingent Interest) accrued and unpaid to, but excluding, the Redemption Date, if any, will become due and payable, and will cease to accrue, upon each such Debenture to be redeemed;
(d5) in the case Conversion Price, the date on which the right to convert the principal of a Security the Debentures to be redeemed in part, will terminate and the principal amount of places where such Security to Debentures may be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedsurrendered for conversion;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities Debentures are to be surrendered for payment of the Redemption PricePrice and accrued and unpaid Interest (including Contingent Interest);
(h7) the CUSIP number, if any, relating to such Securitiesnumber of the Debentures; and
(i) 8) whether the procedures that Company intends to satisfy its obligation by delivering Common Stock, cash or a Holder must follow to surrender combination of cash and Common Stock (and in such case, the Securities dollar amount per Debenture to be redeemedsatisfied in cash) in the event that Holders elect to convert their Debentures in connection with the redemption. The notice given shall specify the last date on which exchanges or transfers of Debentures may be made pursuant to Section 2.7, and shall specify the serial numbers of Debentures and the portions thereof called for redemption. Notice of redemption of Securities Debentures to be redeemed at the election of the Company shall be given by the Company or, at the Company's ’s written requestrequest delivered at least 20 days prior to the date of the mailing of such Notice (unless a shorter period shall be acceptable to the Trustee), by the Trustee in the name of and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 3 contracts
Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)
Notice of Redemption. Notice of redemption shall be given delivered electronically or by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) if less than all the Outstanding Securities of any series are to be redeemed, the identification (and, in the case of partial redemption of any Securities, the principal amount) of the particular Securities to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) in the case of any Securities that are convertible pursuant to Article XIV, the conversion price or rate, the date on which the right to convert the principal of the Securities to be redeemed will terminate and the place or places where such Securities may be surrendered for conversion,
(6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(h7) that the CUSIP numberredemption is for a sinking fund, if anysuch is the case, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed8) applicable CUSIP Numbers. 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 written ’s request, by the Trustee (such notice to be prepared by the Company) in the name and at the expense of the CompanyCompany and shall be irrevocable. If Notice of redemption of Securities to be redeemed at the election of the Company elects to give notice of redemption, it shall provide received by the Trustee with a certificate stating that such notice has been shall be given in compliance with by the requirements of this Section 1105. The notice if mailed Trustee to each Paying Agent in the manner herein provided shall be conclusively presumed to have been given, whether or not name of and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 3 contracts
Samples: Indenture (BMP Sunstone CORP), Indenture (BMP Sunstone CORP), Indenture (BMP Sunstone CORP)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less later than 30 days nor more the thirtieth day, and not earlier than 60 days the sixtieth day, prior to the Redemption Date, to each Holder of Securities to be redeemed, at its the address appearing of such Holder as it appears in the Security Securities Register. All notices With respect to Securities to be redeemed, each notice of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon thereon, if any, shall cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(if) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105not be irrevocable. The notice if 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, a failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, 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 the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP number, if any, relating to such Number of the Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request’s request delivered to the Trustee at least 5 Business Days before such notice is to be given to the Holders (unless a shorter period shall be acceptable to the Trustee), by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 3 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed or otherwise in accordance with the Applicable Procedures not less than 30 days 10 nor more than 60 days prior to the Redemption DateDate (or within such period as otherwise specified as contemplated by Section 3.01 for the relevant Securities), to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall identify the Securities to be redeemed (including CUSIP numbers, if any) and shall state:
(a) the Redemption Date;
(b) the Redemption PricePrice (or the method of calculating such price);
(c) 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 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;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(hf) that the CUSIP numberredemption is for a sinking fund, if any, relating to such Securitiesis the case; and
(ig) for any Securities that by their terms may be converted, the procedures that a Holder must follow terms of conversion, the date on which the right to surrender convert the Securities Security to be redeemedredeemed will terminate and the place or places where such Securities may be surrendered for conversion. 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 written request’s request (which may be rescinded or revoked at any time prior the time at which the Trustee shall have given such notice to the Holders), by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided and shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 3 contracts
Samples: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc), Indenture (Rosetta Stone Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder of Securities to be redeemed, at its this address appearing in the Security Register. All notices of redemption shall identify the Securities to be redeemed (including by CUSIP number, if applicable) and shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) 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;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(if) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if of redemption mailed in the manner herein provided shall be conclusively presumed to have been given, 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings proceeding for the redemption of any other Security.
Appears in 3 contracts
Samples: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (R H Donnelley Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) if less than all the Outstanding Securities of any series and of a specified tenor consisting of more than a single Security are to be redeemed, the identification (and, in the case of partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series and of a specified tenor consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedredeemed;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such SecuritiesSecurities that such surrender shall not be required;
(6) that the redemption is for a sinking fund, if such is the case; and
(i7) such other matters as the procedures Company shall deem desirable or appropriate. Unless otherwise specified with respect to any Securities in accordance with Section 301, with respect to any redemption of Securities at the election of the Company, unless, upon the giving of notice of such redemption, Defeasance shall have been effected with respect to such Securities pursuant to Section 1302, such notice may state that such redemption shall be conditional upon the receipt by the Trustee or the Paying Agent(s) for such Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and any premium and interest on such Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Company shall not be required to redeem such Securities. In the event that such notice of redemption contains such a Holder must follow condition and such money is not so received, the redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to surrender be made, and the Trustee or Paying Agent(s) for the Securities otherwise to be redeemedhave been redeemed shall promptly return to the Holders thereof any of such Securities which had been surrendered for payment upon such redemption. Notice of redemption of Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of redemption as aforesaid, shall be given by the Company or, at the Company's written ’s request, by the Trustee in the name and at the expense of the Company. If Subject to the Company elects to give preceding paragraph, any such notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided redemption shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 3 contracts
Samples: Senior Indenture (Alpha Natural Resources, Inc.), Indenture (Energy Transport CO), Senior Indenture (Massey Energy Co)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, 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 the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP number, if any, relating to such Number of the Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 3 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Notice of Redemption. Notice of redemption shall be given given, in the case of Global Securities in accordance with Applicable Procedures, and otherwise by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register, with a copy to the Trustee and any Paying Agent. All notices of redemption shall identify the Securities to be redeemed, including CUSIP number (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), if any, the paragraph of the Securities and/or Section of this Indenture pursuant to which the Securities called for redemption are being redeemed, and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;Price (or manner of calculation if not then known),
(c3) 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 such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i6) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request’s request made to the Trustee at least 35 days prior to the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee) in an Officers’ Certificate requesting that the Trustee give such notice together with the notice to be given setting forth the information to be stated therein as provided in the preceding paragraph, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided and shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 3 contracts
Samples: Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 106 to the Holders of the Debt Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) if less than all Outstanding the Debt Securities of any series or Tranche are to be redeemed, the identification of the particular Debt Securities to be redeemed;
(d) in redeemed and the case portion of a the principal amount of any Debt Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date Date, the Redemption Price Price, together with accrued interest (including Additional Interest), if any, to the Redemption Date, will become due and payable upon each such Debt Security or portion thereof to be redeemedredeemed and, if applicable and provided that (unless the Company shall default in payment of the Redemption PricePrice is received by the Paying Agent or Agents on or prior to the Redemption Date, that interest (including any Additional Interest) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Debt Securities are to be surrendered for payment of the Redemption Price;
Price and accrued interest (h) the CUSIP numberincluding Additional Interest), if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such Securities; Debt Securities that such surrender shall not be required,
(f) that the redemption is for a sinking or other fund, if such is the case, and
(ig) such other matters as the procedures Company shall deem desirable or appropriate (including CUSIP numbers with respect to such Debt Securities, if the Company shall so elect, in which event such notice of redemption may contain a disclaimer as to the correctness of such numbers either as printed on the Debt Securities or on such notice of redemption). Unless otherwise specified with respect to any Debt Securities in accordance with Section 301, with respect to any notice of redemption of Debt Securities at the election of the Company, unless, upon the giving of such notice, such Debt Securities shall be deemed to have been paid in accordance with Section 701, such notice may state that such redemption shall be conditional upon the receipt by the Paying Agent or Agents for such Debt Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Company shall not be required to redeem such Debt Securities. In the event that such notice of redemption contains such a Holder must follow to surrender condition and such money is not so received, the Securities redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to be redeemedmade, and the Paying Agent or Agents for the Debt Securities otherwise to have been redeemed shall promptly return to the Holders thereof any of such Debt Securities which had been surrendered for payment upon such redemption. Notice of redemption of Debt Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of a condition for redemption as aforesaid, shall be given by the Company or, at the Company's written request, by the Trustee Debt Security Registrar in the name and at the expense of the Company. If Notice of mandatory redemption of Debt Securities shall be given by the Company elects Debt Security Registrar in the name and at the expense of the Company. Section 405. Debt Securities Payable on Redemption Date. Notice of redemption having been given as aforesaid, and the conditions, if any, set forth in such notice having been satisfied, the Debt Securities or portions thereof so to give be redeemed shall, on the Redemption Date, become due and payable at the Redemption Price therein specified, and from and after such date (unless, in the case of an unconditional notice of redemption, it the Company shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed default in the manner herein provided payment of the Redemption Price and accrued interest (including Additional Interest), if any) such Debt Securities or portions thereof, if interest-bearing, shall cease to bear interest. Upon surrender of any such Debt Security for redemption in accordance with such notice, such Debt Security or portion thereof shall be conclusively presumed paid by the Company at the Redemption Price, together with accrued interest (including Additional Interest), if any, to have been giventhe Redemption Date; provided, whether however, that no such surrender shall be a condition to such payment if so specified as contemplated by Section 301 with respect to such Debt Security; and provided, further, that except as otherwise specified as contemplated by Section 301 with respect to such Debt Security, any installment of interest on any Debt Security the Stated Maturity of which installment is on or not prior to the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice Redemption Date shall be payable to the Holder of any such Debt Security, or one or more Predecessor Debt Securities, registered as such at the close of business on the related Regular Record Date according to the terms of such Debt Security designated for redemption as a whole or in part shall not affect and subject to the validity provisions of the proceedings for the redemption of any other SecuritySection 307.
Appears in 3 contracts
Samples: Indenture (Cp&l Energy Inc), Indenture (For Subordinated Debt Securities) (Devon Financing Trust Ii), Indenture (Progress Energy Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its the address of such Holder appearing in the Security Registerregister of Securities maintained by the Registrar. All notices of redemption shall identify the Securities to be redeemed and shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) if less than all Outstanding that, unless the Company and the Guarantors default in making the redemption payment, interest on Securities are called for redemption ceases to be redeemedaccrue on and after the Redemption Date, and the identification only remaining right of the particular Holders of such Securities is to be receive payment of the Redemption Price plus accrued interest on and any Additional Amounts with respect to such Securities upon surrender to the Paying Agent of the Securities redeemed;
(d4) in the case of a if any Security is to be redeemed in part, the portion of the principal amount of such Security thereof to be redeemed and that on and after the Redemption Date Date, upon surrender for cancellation of such SecuritySecurity to the Paying Agent, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedissued without charge to the Holder;
(e5) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption PricePrice plus accrued interest on and any Additional Amounts with respect to such Securities and the name and address of the Paying Agent;
(f6) that on the Redemption Date redemption is for a sinking or analogous fund, if such is the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;case; and
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h7) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If at the time notice of redemption shall be given the Company elects to give notice of redemption, it shall provide not have deposited with a Paying Agent and/or irrevocably directed the Trustee with or a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall Paying Agent to apply, from money held by it available to be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings used for the redemption of any other SecuritySecurities that are to be redeemed, an amount in cash sufficient to redeem all of the Securities called for redemption, including accrued interest to the Redemption Date, such notice shall state that it is subject to the receipt of the redemption monies by the Trustee or a Paying Agent on or before the Redemption Date and such notice shall be of no effect unless such monies are so received before such date.
Appears in 3 contracts
Samples: Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than At least 30 days nor but no more than 60 days prior before any redemption date the Company will deliver written notice of such redemption to the Redemption Date, Trustee and mail a notice of redemption first-class postage prepaid to each Holder holder of Securities to be redeemed, redeemed at its address appearing in the Security Registerregistered address. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all of the Outstanding Securities 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;
(d) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal to the unredeemed portion thereof will be issuedremaining unredeemed;
(e) the Place of Payment where such Securities are to be surrendered for payment for the Redemption Price;
(f) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fg) that that, on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP CUSIP, ISIN or Common Code number, if any, relating to such of the Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written ’s request, by the Trustee in the name and at the expense of the Company. If ; provided however that in the latter case, the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that written notice of such notice has been given in compliance with request at least ten days prior to the requirements requested date of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives giving of such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 3 contracts
Samples: Indenture (Navistar International Corp), Indenture (Navistar, Inc.), Indenture (Navistar International Corp)
Notice of Redemption. Notice Except as may otherwise be provided pursuant to Section 3.1 with respect to the Securities of a particular series, notice of redemption shall be given by first-class mail, postage prepaid, mailed not less fewer than 30 days 25 nor more than 60 75 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall identify the Securities to be redeemed (including CUSIP numbers, if any) and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;, or if not then ascertainable, the manner of calculation thereof,
(c3) 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 such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;, and
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed. Notice of redemption of Securities to be redeemed at the election of the Company Issuer shall be given by the Company Issuer or, at the Company's written Issuer’s request, by the Trustee in the name and at the expense of the Company. If Issuer and shall be irrevocable, provided, in the Company elects to latter case, the Issuer will give the Trustee at least ten days’ prior notice of redemptionthe date of the giving of the notice of redemption (unless a shorter notice shall be satisfactory to the Trustee), it shall provide which notice to the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect contain all information required for inclusion in the notice of redemption to be given to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity Holders of the proceedings for the redemption of any other SecuritySecurities to be redeemed.
Appears in 3 contracts
Samples: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder of Debt Securities to be redeemed, at its address appearing redeemed in the Security Registermanner and to the extent provided in Section 1.06. All notices of redemption shall identify the Debt Securities to be redeemed (including applicable CUSIP numbers, if any) and state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) if less than all the Outstanding Debt Securities of any series are to be redeemed, the identification (and, in the case of partial redemption, the principal amount) of the particular Debt Securities to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Debt Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Debt Securities are to be surrendered for payment of the Redemption Price;
Price (h) which, in the CUSIP numbercase of bearer Debt Securities and Coupons, shall be outside the United States), and that, unless otherwise specified in such notice, bearer Debt Securities (if any) surrendered for payment must be accompanied by all Coupons maturing subsequent to the Redemption Date, relating to failing which the amount of any such Securities; missing Coupon or Coupons will be deducted from the sum due for payment, and
(i6) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. Notice of redemption of Debt Securities to be redeemed at the election of the Company an Issuer shall be given by the Company such Issuer or, at the Company's written Issuer’s request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other SecurityIssuer.
Appears in 3 contracts
Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, unless a shorter period is specified in the Securities to-be redeemed, to each Holder of Securities to be redeemed, redeemed at its his address appearing in the Security Register. Any notice that is mailed to the Holder of any Securities in the manner herein provided shall be conclusively presumed to have been duly given, whether or not such Holder receives the notice. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;Price and the amount of accrued interest, if any, to be paid,
(c3) 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;,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date 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 aggregate principal amount equal to the unredeemed portion thereof will be issued;remaining unredeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f5) that on the Redemption Date the Redemption Price Price, and accrued interest, if any, will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) Price and the CUSIP numberamount of accrued interest, if any, relating to such Securities; be paid, and
(i7) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written ’s request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided and shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 3 contracts
Samples: Supplemental Indenture (Albertsons Companies, Inc.), Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Albertsons Companies, Inc.)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) 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, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(h6) that the redemption is for a sinking fund, if such is the case, and
(7) CUSIP numbernumbers, if any. Unless otherwise specified with respect to any Securities in accordance with Section 301, relating with respect to any redemption of Securities at the election of the Company, unless, upon the giving of notice of such redemption, defeasance shall have been effected with respect to such Securities pursuant to Sections 401 and 403, such notice may state that such redemption shall be conditional upon the receipt by the Trustee or the Paying Agent(s) for such Securities; and
(i, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and any premium and interest on such Securities and that if such money shall not have been so received such notice shall be of no force and effect and the Company shall not be required to redeem such Securities. In the event that such notice of redemption contains such a condition and such money is not so received, the redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to be made, and the Trustee or Paying Agent(s) the procedures that a Holder must follow to surrender for the Securities otherwise to be redeemedhave been redeemed shall promptly return to the Holders thereof any such Securities which had been surrendered for payment of such redemption. Notice of redemption of Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of redemption as aforesaid, shall be given by the Company or, at the Company's written request, by the Trustee in the name and at the expense of the Company. If Subject to the Company elects to give preceding paragraph, any such notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided redemption shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 3 contracts
Samples: Indenture (Energy East Corp), Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp)
Notice of Redemption. Notice Unless otherwise specified as contemplated by Section 3.1, notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.6 not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder the Holders of the Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less 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;
(d) the Place or Places of Payment where such Securities, together in the case of a Security to be redeemed in partBearer Securities with all interest coupons appertaining thereto, the principal amount of such Security to be redeemed and that if any, maturing on or after the Redemption Date upon surrender Date, are to be surrendered for payment of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedRedemption Price;
(e) that Securities of the series called for redemption and all unmatured interest coupons, if any, appertaining thereto must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that that, on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(g) that the names and addresses of redemption is from a sinking fund, if such is the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Pricecase;
(hi) the CUSIP number, if any, relating of the Securities;
(j) if applicable, the conversion or exchange price, the date on which the right to convert or exchange the Securities (or portions thereof to be redeemed) will terminate and the place or places where such SecuritiesSecurities may be surrendered for conversion or exchange; and
(ik) the procedures that a Holder must follow to surrender the Securities so 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 3 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) if less fewer than all the Outstanding Securities of any series or Tranche are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become be come due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall thereon, if any, will cease to accrue on and after said date;
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h6) that the redemption is for a sinking or other fund, if such is the case;
(7) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender of the Securities to be redeemed; and
(8) unless otherwise provided as to a particular series of Securities or any Tranche thereof, if at the time of publication or mailing of any notice of redemption the Company shall not have deposited with the Trustee or Paying Agent and/or irrevocably directed the Trustee or Paying Agent to apply, from money held by it available to be used for the redemption of Securities, an amount in cash sufficient to redeem all of the Securities called for redemption, including accrued interest, if any, to the Redemption Date, such notice shall state that it is subject to the receipt of the redemption moneys by the Trustee or Paying Agent before the Redemption Date (unless such redemption is mandatory) and such notice shall be of no effect unless such moneys are so received before such date. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice Notice of redemption, it mandatory redemption of Securities shall provide be given by the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not name and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 3 contracts
Samples: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)
Notice of Redemption. Notice Unless otherwise provided as contemplated by Section 3.01 with respect to any series of Subordinated Debt Securities, notice of redemption shall be given by first-class mail, postage prepaid, mailed (i) not less than 30 15 calendar days nor more than 60 30 calendar days prior to the Redemption Date, Date to each Holder of Subordinated Debt Securities to be redeemedredeemed and (ii) to Trustee at least 5 business days prior to such date, at its address appearing unless a shorter notice period shall be satisfactory to the Trustee in the Security Registermanner and to the extent provided in Section 1.06. All notices Except as otherwise provided herein, such notice should be irrevocable but may be conditioned on the occurrence of any event or circumstance. Any redemption shall notice will state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are that, and subject to be redeemedwhat conditions, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, on the Redemption Date and that (unless payments will cease to accrue on such date;
d) the Company shall default in place or places at which each Holder may obtain payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;; and
(ge) the names and addresses of the Paying Agent and the offices CUSIP, Common Code and/or ISIN number or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numbernumbers, if any, relating with respect to such series of Subordinated Debt Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed. Notice of redemption of Subordinated Debt Securities to be redeemed at the election selection of the Company shall be given by the Company or, at the Company's written ’s request, by the Trustee in the name and at the expense of the Company. If the Company elects has elected to give redeem Subordinated Debt Securities but prior to the payment of the redemption amount with respect to such redemption the relevant UK authority exercises its U.K. bail-in power in respect of the Subordinated Debt Securities, the relevant redemption notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been givenautomatically rescinded and shall be of no force and effect, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity and no payment of the proceedings for the redemption of any other Securityamount will be due and payable.
Appears in 2 contracts
Samples: Eighth Supplemental Indenture (NatWest Group PLC), Eighth Supplemental Indenture (NatWest Group PLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days thirty (30) nor more than 60 sixty (60) days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the paragraph of the Securities and/or Section of this Indenture pursuant to which the Securities called for redemption are being redeemed; and
(i) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give mail such notice by mail notice, or any defect in the any notice so mailed, to the any particular Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Styrochem International Inc), Indenture (Styrochem International LTD)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 10.2 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 110511.5. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing . Failure to give notice by mailing in the Security Registermanner herein provided to the Holder of any Securities designated for redemption as a whole or in part, or any defect in the notice to any such Holder, shall not affect the validity of the proceedings for the redemption of any other Securities or portion thereof. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all the Outstanding Securities of any Series and tenor are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, redeemed and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(f) that the redemption is for a sinking fund, if such is the case;
(g) 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 such Security will receive, without charge, a new Security or Securities of authorized denominations for the principal amount thereof remaining unredeemed; and
(h) the CUSIP numberNumber or the Euroclear or the Cedel Bank reference numbers of such Securities, if any, relating any (or any other numbers used by a Depository to identify such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written requeston Company Request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Trust Indenture (Thomas & Betts Corp), Trust Indenture (Thomas & Betts Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less later than 30 days nor more the 30th day, and not earlier than 60 days the 60th day, prior to the Redemption Datedate fixed for redemption, to each Holder of Securities to be redeemed, at its the address appearing of such Holder as it appears in the Security Securities Register. All notices With respect to Securities of each series to be redeemed, each notice of redemption shall identify the Securities to be redeemed (including CUSIP number(s), if any) and shall state:
(a) the Redemption Datedate fixed for redemption for Securities of such series;
(b) the Redemption Priceredemption price at which Securities of such series are to be redeemed;
(c) if less than all Outstanding Securities of such particular series and having the same terms are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the particular Securities to be redeemed;
(d) in that on the case of a Security date fixed for redemption, the redemption price at which such Securities are to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon thereon, if any, shall cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating redemption price at which such Securities are to such Securitiesbe redeemed; and
(if) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if 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, a failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 15.2 hereof to the Holders of Securities to be redeemed. Such notice shall be given not less than 30 days 20 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption PricePrice and interest accrued and unpaid to the Redemption Date, if any;
(c) with respect to a Provisional Redemption, whether the Make-Whole Payment shall be paid by the Company (x) in cash, (y) by delivery of shares of Common Stock or (z) in a combination of cash and delivery of shares of Common Stock, in which case, the portion of the Make-Whole Payment that will be paid in cash and the portion that will be paid in shares of Common Stock;
(d) if less fewer than all the Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the aggregate principal amount of such Security Securities to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof of Securities which will be issuedoutstanding after such partial redemption;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price and interest accrued and unpaid to the Redemption Date, if any, will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said such date;
(f) the Conversion Price, the date on which the right to convert the principal of the Securities to be redeemed will terminate and the places where such Securities may be surrendered for conversion;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;Price and accrued and unpaid interest, if any; and
(h) the CUSIP numbernumber of the Securities. The notice given shall specify the last date on which exchanges or transfers of Securities may be made pursuant to Section 2.1 hereof, if any, relating to such Securities; and
(i) and shall specify the procedures that a Holder must follow to surrender serial numbers of Securities and the Securities to be redeemedportions thereof called for redemption. 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 written ’s request, by the Trustee in the name of and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.2 not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities Notes 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 deliver to the Trustee, at its address appearing 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 Security Registerfollowing items. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;Price and the amount of accrued interest to the Redemption Date payable as provided in Section 5.7, if any,
(c3) if less than all Outstanding outstanding 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, 62 56
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal thereof remaining unredeemed,
(5) that on the Redemption Date the Redemption Price (and accrued 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 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 be issued;cease to accrue on and after said date,
(e6) the place or places where such Securities are to be surrendered for payment of the Redemption Price and accrued interest, if any,
(7) the name and address of the Paying Agent,
(8) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;,
(f9) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedCUSIP number, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to listed in such notice or printed on the Securities; , and
(i10) the procedures that a Holder must follow to surrender paragraph of the Securities pursuant to which the Securities are 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (NBC Acquisition Corp), Indenture (Nebraska Book Co)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder of Securities to be redeemed, at its the address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) 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;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(hf) for any Securities that by their terms may be converted, the CUSIP numberterms of conversion, if anythe 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, relating to such Securities; and
(ig) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if of redemption mailed in the manner herein provided shall be conclusively presumed to have been given, 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings proceeding for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Avon Products Inc), Indenture (Avon Products Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less later than 30 days nor more the thirtieth day, and not earlier than 60 days the sixtieth day, prior to the Redemption Date, to each Holder of Securities to be redeemed, at its the address appearing of such Holder as it appears in the Security Securities Register. All notices With respect to Securities of each series to be redeemed, each notice of redemption shall identify the Securities to be redeemed (including CUSIP numbers) and shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities of such particular series and having the same terms are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon thereon, if any, shall cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(if) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if 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, a failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Hl&p Capital Trust Iv), Junior Subordinated Indenture (Hl&p Capital Trust I)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities of the affected series to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities of any series are to be redeemed, the identification of the particular Securities of that series to be redeemed;
(d) in the case of a Security of any series to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such SecuritySecurity of that series, new Security or Securities of that series in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) subject to the rules of the Depositary with respect to any Global Security, that Securities of any series called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed. Notice of redemption of Securities of any series to be redeemed at the election of the Company shall be given by the Company or, at the Company's ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or to any defect in the notice to the Holder of any Security of any series designated for redemption as a whole or in part part, or any defect in any such notice, shall not affect the validity of the proceedings for the redemption of any other SecuritySecurity of any series.
Appears in 2 contracts
Samples: Indenture (Capital Automotive Reit), Indenture (Capital Automotive Reit)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;, provided, that, if the Redemption Price includes the Economic Make-Whole Premium, such notice need not set forth the amount of such Economic Make-Whole Premium, but need only set forth the manner in which such Economic Make-Whole Premium is to be calculated.
(c) if less than all the Outstanding Securities of any series consisting of more than a single Security and of a specified tenor are to be redeemed, the 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 Securities to be redeemed;,
(d) in the case of a Security to be redeemed in partthat, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;, and that interest accrued to the Redemption Date will be paid to the Holder of the Security on the record date prior to the Redemption Date,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;,
(hf) that the redemption is for a sinking fund, if such is the case, and
(g) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender or ISIN number of the Securities to be redeemed. Notice of redemption Redemption of Securities to be redeemed at the election of the Company shall be given by the Company to the Trustee and each Holder of Securities or, at the Company's written request, by the Trustee to each Holder of Securities in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided and shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securityirrevocable.
Appears in 2 contracts
Samples: Trust Indenture (Midamerican Energy Holdings Co /New/), Trust Indenture (Williams Companies Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 10.02 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities and that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed on such notice or printed on the Securities; and
(i) the procedures that a Holder must follow to surrender the 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 ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate certificate, five days prior to the notice being sent, stating that such notice has been given in compliance with the requirements of this Section 110511.05 setting forth the information set forth therein and will provide a complete form of such notice. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security. Any notice of redemption otherwise made in compliance with this Section 11.05 may, at the Company’s discretion, be subject to one or more conditions precedent, including completion of an Equity Offering or consummation of other transactions related to such proposed redemption as specified in such notice of redemption.
Appears in 2 contracts
Samples: Indenture (Spartan Stores Inc), Indenture (Blyth Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less later than 30 days nor more the thirtieth day, and not earlier than 60 days the sixtieth day, prior to the Redemption Date, to each Holder of Securities to be redeemed, at its the address appearing of such Holder as it appears in the Security Securities Register. All notices With respect to Securities of each series to be redeemed, each notice of redemption shall identify the Securities to be redeemed (including CUSIP number, if a CUSIP number has been assigned to such Securities of such Series) and shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities of such particular series and having the same terms are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon thereon, if any, shall cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(if) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105not be irrevocable. The notice if 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, a failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.. 73 66
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Chase Capital Iii), Junior Subordinated Indenture (Mbna Capital V)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices With respect to Securities of each series to be redeemed, each notice of redemption shall identify the Securities to be redeemed (including CUSIP numbers, if available) and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) 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 such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i6) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if 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, a failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Subordinated Indenture (Reliant Energy Services New Mexico LLC), Senior Indenture (Reliant Energy Services New Mexico LLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.07 to each Holder of Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) 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;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price (together with accrued and unpaid interest and any Additional Amounts to the Redemption Date payable as provided in Section 11.06 hereof) will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemed, and ,
(e) that (unless the Company shall default defaults in the payment of the Redemption Price) Price and any applicable accrued interest, interest thereon shall on each such Security, or the portion thereof, to be redeemed will cease to accrue on and after said date;the Redemption Date,
(gf) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(g) that the redemption is for a sinking fund, if such is the case, and
(h) the CUSIP "CUSIP" number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the applicable. A notice of redemption as contemplated by Section 1.07 need not identify particular 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture Agreement (GMX Resources Inc), Indenture (GMX Resources Inc)
Notice of Redemption. Notice Except as otherwise provided herein, notice of redemption shall be given by first-class mail, postage prepaid, mailed delivered not less than 30 15 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register, provided that that redemption notices may be electronically sent or mailed more than 60 days prior to a redemption date if the notice is issued in connection with a conditional redemption, a defeasance of the Securities or a satisfaction and discharge of the Indenture. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and;
(i) 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;
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed; and
(j) any condition to such redemption. 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 ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed delivered in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Sonic Automotive Inc), Indenture (Sonic Automotive Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 1.06 not less than 30 days nor more than 60 days prior to the Redemption Date, Date to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;Price and the amount of accrued and unpaid interest to the Redemption Date payable as provided in Section 11.07, if any,
(c) if less than all Outstanding Securities are to be redeemed, the identification (and, in the case of a partial redemption, the principal amounts) of the particular Securities to be redeemed;,
(d) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal to the unredeemed portion thereof will be issued;remaining unredeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price (and accrued interest, if any, to the Redemption Date payable as provided in Section 11.07) will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(gf) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating to such Securities; and
(ig) the procedures that a Holder must follow to surrender CUSIP or CINS number, as the Securities to be redeemedcase may be. 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 written ’s request, by the Trustee in the name and at the expense of the Company. If As long as the Securities are listed on the Luxembourg Stock Exchange and the rules of such stock exchange require, the Company elects to will give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 redemption to the Holder Luxembourg Stock Exchange and publish a notice of any Security designated for redemption as in a whole or in part shall not affect the validity Luxembourg newspaper of the proceedings for the redemption of any other Securitygeneral circulation.
Appears in 2 contracts
Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 12.02 not less than 30 days nor more than 60 days 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 may, at its address appearing the Company’s discretion, be subject to one or more conditions precedent (such as the consummation of refinancings or acquisitions, whether of the Company or by the Company). The Trustee shall give notice of redemption in the Security RegisterCompany’s name and at the Company’s expense; provided, however, that the Company shall 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 shall state:
(a1) the Redemption Date;
(b2) the redemption price and the amount of accrued interest and Additional Amounts, if any, to the Redemption PriceDate payable as provided in Section 5.06;
(c3) if less than all Outstanding outstanding 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;
(d4) in the case of a Security any Securities are to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed Securities shall state that on and that after the Redemption Date Date, upon surrender of such SecuritySecurities, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal to the unredeemed portion thereof will be issuedremaining unredeemed;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f5) that on the Redemption Date the redemption price (and accrued interest, if any, to the Redemption Price Date payable as provided in Section 5.06) will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemed, and that (and, unless the Company shall default defaults in payment of making the Redemption Priceredemption payment, that interest and Additional Amounts, if any, on Securities (or the portions thereof) interest thereon shall called for redemption will cease to accrue on and after said date;
(g6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption PricePrice and accrued interest, if any;
(h7) the CUSIP name and address of the Paying Agent;
(8) that Securities called for redemption (other than a Global Note) must be surrendered to the Paying Agent to collect the redemption price;
(9) the CUSIP, ISIN or Common Code number, and that no representation is made as to the accuracy or correctness of the CUSIP, ISIN or Common Code number, if any, relating to listed in such notice or printed on the Securities; and
(i10) the procedures that a Holder must follow to surrender section of this Indenture and the paragraph of the Securities pursuant to which the Securities are to be redeemed. Notice of Any redemption of Securities and notice thereof pursuant to be redeemed at the election of the Company shall be given by the Company orthis Indenture may, at in the Company's written request’s discretion, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 subject to the Holder satisfaction of any Security designated for redemption as a whole one or in part shall not affect the validity of the proceedings for the redemption of any other Securitymore conditions.
Appears in 2 contracts
Samples: Senior Indenture (Flowserve Corp), Senior Indenture (Flowserve Holdings Inc)
Notice of Redemption. Notice (a) At least 30 calendar days but not more than 60 calendar days before a Redemption Date, the Company shall mail a notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemedredeemed at the Holder's last address, at its address appearing in as it shall appear on the Security Register. All notices A copy of redemption such notice shall be mailed to the Trustee on the same day the notice is mailed to Holders of Securities.
(b) The notice shall identify the Securities to be redeemed and shall state:
(ai) the Redemption Date;
(bii) the Equity Offering Redemption Price or the Redemption Price, as applicable;
(ciii) the name and address of the Paying Agent to whom Securities are to be surrendered for payment of the Equity Offering Redemption Price or the Redemption Price, as applicable;
(iv) that Securities called for redemption must be surrendered to the Paying Agent to collect the Equity Offering Redemption Price or the Redemption Price, as applicable, and accrued and unpaid interest;
(v) if less fewer than all Outstanding the outstanding Securities are to be redeemed, the identification and principal amounts of the particular Securities to be redeemed;
(dvi) that on the Redemption Date, the Equity Offering Redemption Price or the Redemption Price, as applicable, will become due and payable upon each such Security or portion thereof, and that unless the Company defaults in paying such Equity Offering Redemption Price or Redemption Price, interest shall cease to accrue on Securities called for redemption on and after the Redemption Date;
(vii) the CUSIP number, if any relating to such Securities; and
(viii) in the case of a Security to be redeemed in part, the aggregate 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 the aggregate principal amount equal to the unredeemed portion thereof will be issued;.
(ec) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 At the Company's written request, by the Trustee shall give the notice of redemption in the Company's name and at the expense Company's expense; provided, however, that in all cases, the text of such notice of redemption shall be prepared by the Company and the Trustee shall have no responsibility or liability whatsoever with regard to such notice being accurate or correct.
(d) Upon the receipt by the Trustee of the Company. If the Company elects to give notice of redemption, it shall provide or concurrently with the mailing of the notice of redemption by the Trustee, the Trustee with shall place a certificate stating that such notice has been given in compliance stop transfer order with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect Registrar covering those Securities identified in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securitybeing redeemed.
Appears in 2 contracts
Samples: Indenture (Associated Materials Inc), Indenture (Associated Materials Inc)
Notice of Redemption. Notice At least 30 days but not more than 60 days before the Redemption Date, the Company shall mail a notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, mail to each Holder whose Securities are to be redeemed at the address of such Holder appearing in the Register. The notice shall identify the Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption redeemed and shall state:
(ai) the Redemption Date;
(bii) the method being used to determine the Redemption Price;
(ciii) if less fewer than all Outstanding outstanding Securities are to be redeemed, the identification portion of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security the Securities to be redeemed and that that, after the Redemption Date Date, upon surrender of such Security, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(eiv) the name and address of the Paying Agent;
(v) that Securities called for redemption must be presented and surrendered to the Paying Agent to collect the Redemption Price;
(fvi) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthat, and that (unless the Company shall default defaults in payment of the Redemption Price) , interest thereon shall cease on Securities called for redemption ceases to accrue interest on and after said date;the Redemption Date; and
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(hvii) the CUSIP numbernumbers, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender of the 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 At the Company's ’s written request, by the Trustee shall give the notice of redemption in the Company’s name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105its expense. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, 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 to the Holder of any Security designated for redemption as a whole or in part Securities shall not affect the validity of the proceedings proceeding for the redemption of any other SecuritySecurities.
Appears in 2 contracts
Samples: Indenture (Lear Corp Eeds & Interiors), Indenture (Lear Corp Eeds & Interiors)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.07 to each Holder of Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price (or the method of calculating or determining the Redemption Price;),
(c3) 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;,
(d4) that on the Redemption Date the Redemption Price (together with accrued and unpaid interest and any Additional Amounts to the Redemption Date payable as provided in Section 11.06 hereof) will become due and payable upon each such Security, or the portion thereof, to be redeemed,
(5) that unless the Company defaults in the case payment of the Redemption Price and any applicable accrued interest, interest on each such Security, or the portion thereof, to be redeemed will cease to accrue on and after the Redemption Date,
(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,
(8) if any Security is to be redeemed in part, the portion of the principal amount of such Security thereof to be redeemed and that on and after the Redemption Date Date, upon surrender for cancellation of such Security, a new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;issued without charge to the Holder,
(e9) that Securities called for if the redemption must be surrendered or notice thereof is subject to one or more conditions, a statement to such effect and the Paying Agent to collect the Redemption Price;condition or conditions precedent, and
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g10) the names “CUSIP” and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP corresponding ISIN number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the applicable. A notice of redemption need not identify particular 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 written ’s request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Notice of Redemption. Notice of redemption shall be given delivered electronically or by first-first class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register, except that redemption notices may be delivered electronically or mailed more than 60 days prior to the Redemption Date if the notice of redemption is 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. All notices of redemption shall identify the Securities to be redeemed (including, if used, CUSIP or ISIN numbers) and shall state:
(ai) the Redemption Date;
(bii) the Redemption Price;
(ciii) if less than all the Outstanding Securities are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fiv) that on the Redemption Date the Redemption Price and accrued interest to, but excluding, the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemed, redeemed and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said datesuch Redemption Date;
(gv) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) Price accrued interest to, but excluding, the CUSIP number, if any, relating to such SecuritiesRedemption Date; and
(ivi) if the procedures that a Holder must follow redemption is being made pursuant to surrender the provisions of the Securities regarding an Equity Offering, a brief description of the transaction or transactions giving rise to be such redemption, 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 of Outstanding Securities being redeemed. Notice of redemption of Securities to be redeemed at the election of the Company pursuant to Section 11.01 shall be given by the Company or, at the Company's written request’s request and provision of such notice information to the Trustee five days prior (or such shorter period as may be acceptable to the Trustee) to the delivery or mailing of such notice, by the Trustee in the name and at the expense of the Company. If Notices of redemption pursuant to Section 11.01 may be subject to the satisfaction of one or more conditions precedent established by the Company elects to give in its sole discretion. In addition, the Company may provide in any notice of redemption, it shall provide redemption for the Trustee with a certificate stating Securities that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity payment of the proceedings for Redemption Price and the performance of the Company’s obligations with respect to such redemption of any other Securitymay be performed by another Person.
Appears in 2 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, 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 the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemptionThe notice, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided provided, shall be conclusively presumed to have been given, given whether or not the Holder receives such notice. In any case, failure to give such notice by mail or to any defect in the notice to the Holder of any Security designated for redemption as a whole or in part part, or any defect in any such notice, shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Exhibit (Salem Communications Corp /De/), Exhibit (Salem Communications Corp /De/)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 90 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security RegisterSecurities Reg- ister. If at the time of mailing of any notice of redemption the Company shall not have deposited with the Trustee (and/or irrevocably directed the Trustee to apply, from money held by it available to be used for the redemption of Securities) an amount in cash sufficient to redeem all of the Securities to be redeemed, including accrued interest to such Redemption Date, such notice shall state that the proposed redemption to which such notice relates is subject to the deposit of such amount with the Trustee on or before the Redemption Date. All notices of redemption shall identify the Securi- ties to be redeemed (including CUSIP number) and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) 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 the partial redemption of any such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, redeemed and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;, and
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 placement where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Western Resources Capital Ii), Indenture (Western Resources Inc /Ks)
Notice of Redemption. (a) Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption DateDate unless a shorter period is specified pursuant to Section 3.01, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. .
(b) All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) the CUSIP number of the Securities to be redeemed,
(4) 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;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f5) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(h7) that the CUSIP numberredemption is for a sinking fund, if any, relating to such Securitiesis the case; and
(i8) such other provisions as may be required in respect of the terms of a particular series of Securities.
(c) the procedures that a Holder must follow to surrender the 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 written ’s request, by the Trustee in the name and at the expense of the Company. If the Company elects to give Trustee is giving the notice of redemption, it the Company shall provide so advise the Trustee with a certificate stating that as least five (5) Business Days prior to the mailing date of such notice has been given in compliance with the requirements of this Section 1105redemption. The notice if 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, the failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Teco Energy Inc), Indenture (Tampa Electric Co)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 13.2 not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities 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 deliver to the Trustee, at its address appearing 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 Security Registerfollowing items. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the applicable redemption price and the amount of accrued interest to the Redemption Price;Date payable as provided in Section 5.7, if any,
(c3) if less than all Outstanding outstanding 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,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal thereof remaining unredeemed,
(5) that on the Redemption Date the applicable redemption price (and accrued 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 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 be issued;cease to accrue on and after said date,
(e6) the place or places where such Securities are to be surrendered for payment of the applicable redemption price and accrued interest, if any,
(7) the name and address of the Paying Agent,
(8) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;applicable redemption price,
(f9) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedCUSIP number, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to listed in such notice or printed on the Securities; , and
(i10) the procedures that a Holder must follow to surrender paragraph of the Securities pursuant to which the Securities are 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.)
Notice of Redemption. Notice The Corporation shall provide notice of any redemption shall be given by first-class mailpursuant to Section 7(a), postage prepaid, mailed at least three (3) days but not less than 30 days nor more than 60 thirty (30) days prior to the Redemption Dateredemption date, to each Holder of Securities record of shares of the applicable series of Preferred Stock to be redeemed, redeemed at its such Xxxxxx’s address appearing in on the Security Register. All notices of redemption Each such notice shall state:
state (ai) the Redemption Date;
date fixed for such redemption, (bii) the place or places where certificates for the shares of Preferred Stock (if such shares are certificated) called for redemption are to be surrendered for payment, (iii) the Redemption Price;
, (c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(eiv) that Securities unless the Corporation defaults in making the redemption payment, Dividends on the shares of Preferred Stock called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said the redemption date;
, (gv) the names and addresses that if fewer than all of the Paying Agent and shares of Preferred Stock of such series owned by such Holder are then to be redeemed, the offices number of shares or agencies referred to in Section 1002 where such Securities aggregate Liquidation Preference of which are to be redeemed, and (vi) if such notice of redemption is subject to one or more conditions (such as, but not limited to, a financing or other corporate transaction), a description of such conditions. If the notice of redemption shall have been so given and if prior to the date of redemption specified in such notice all funds necessary to pay the aggregate Redemption Price for such redemption shall have been irrevocably deposited in trust, for the account of the Holders of the shares of Preferred Stock to be redeemed, with a bank, trustee or trust company named in such notice doing business in New York, New York, and having capital and surplus of at least $500,000,000, then, without awaiting the redemption date, all shares of Preferred Stock with respect to which such notice shall have been so given and such deposit shall have been so made thereupon shall, notwithstanding that any certificate for shares of Preferred Stock (if such shares are certificated) shall not have been surrendered for cancellation, be deemed no longer to be outstanding, and all rights with respect to such shares of Preferred Stock forthwith upon such deposit in trust shall cease and terminate, except for the right of the Holders thereof on or after the redemption date to receive out of such deposit the Redemption Price, without interest. If the Holders of any shares of Preferred Stock which have been called for redemption shall not within two (2) years (or any longer period required by law) after the applicable redemption date claim any amount so deposited in trust for the redemption of such shares, then such bank or trust company shall, if permitted by applicable law, pay over to the Corporation any such unclaimed amount so deposited with it and thereupon shall be relieved of all responsibility in respect thereof; and thereafter the Holders of such shares shall, subject to applicable unclaimed property laws, look only to the Corporation for payment of the Redemption Price;
(h) the CUSIP numberPrice for such shares, if anywithout interest. Upon surrender, relating to in accordance with such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed. Notice of redemption of Securities to be redeemed at the election notice, of the Company certificates for any shares so redeemed (if such shares are certificated), the Redemption Price shall be given paid in cash by wire transfer of immediately available funds to an account or accounts designated by such Holder of Preferred Stock in writing in advance. In the Company or, at the Company's written request, by the Trustee in the name and at the expense event that less than all of the Company. If shares of Preferred Stock represented by any certificate are redeemed, a new certificate representing the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided unredeemed shares shall be conclusively presumed to have been 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 promptly issued to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Securitythereof without cost to such Holder (if such shares are certificated).
Appears in 2 contracts
Samples: Share Repurchase Agreement (Daseke, Inc.), Share Repurchase Agreement (Daseke, Inc.)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.02 not less than 30 days 10 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing 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. The Trustee shall give notice of redemption in the Security RegisterCompany’s name and at the Company’s expense; provided, however, that the Company shall deliver 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 shall state:
(a) the Redemption Datename of the Securities, including series and issue date, interest rate, maturity date and certificate numbers;
(b) the Redemption PriceDate;
(c) the Redemption Price (or the method of determination thereof) and the amount of accrued interest and Additional Amounts, if any, to the Redemption Date payable as provided in Section 5.06;
(d) if less than all Outstanding outstanding 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;
(de) in the case of a Security any Securities are to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed Securities shall state that on and that after the Redemption Date Date, upon surrender of such SecuritySecurities, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal to the unredeemed portion thereof will be issuedremaining unredeemed;
(ef) that on the Redemption Date, the Redemption Price (and accrued interest, if any, to the Redemption Date payable as provided in Section 5.06) 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 will cease to accrue on and after said date;
(g) the place or places where such Securities are to be surrendered for payment of the Redemption Price and accrued interest, if any;
(h) the name and address of the Paying Agent;
(i) that Securities called for redemption (other than a Global Security) must be surrendered to the Paying Agent to collect the Redemption Price;
(fj) that on the Redemption Date the Redemption Price will become due and payable upon each such Security CUSIP, ISIN or portion thereof to be redeemedCommon Code number, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices CUSIP, ISIN or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP Common Code number, if any, relating to listed in such notice or printed on the Securities; and
(ik) the procedures that a Holder must follow to surrender Section of this Indenture and the paragraph of the Securities pursuant to which the Securities are 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Fossil Group, Inc.), Senior Indenture (Fossil Group, Inc.)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) 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 of such series to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, redeemed and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(hf) that the CUSIP numberredemption is for a sinking fund, if anysuch is the case, relating to such Securities; and
(ig) such other provisions as may be required in respect of the procedures that terms of a Holder must follow to surrender the Securities to be redeemedparticular series of Securities. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if mailed in the manner herein provided above shall be conclusively presumed to have been duly 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (HCC Capital Trust Ii), Indenture (Onb Capital Trust Iv)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.2 not less than 30 days nor more than 60 days 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 in the Company’s name and at the Company’s expense; provided, however, that the Company shall deliver to the Trustee, at its address appearing in least 35 days, but no more than 60 days prior to the Security RegisterRedemption 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 following items. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the redemption price and the amount of accrued interest to the Redemption Price;Date payable as provided in Section 5.7, if any,
(c3) if less fewer than all Outstanding outstanding 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,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal thereof remaining unredeemed,
(5) that on the Redemption Date the redemption price (and accrued 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 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 be issued;cease to accrue on and after said date,
(e6) the place or places where such Securities are to be surrendered for payment of the redemption price and accrued interest, if any,
(7) the name and address of the Paying Agent,
(8) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;redemption price,
(f9) that on the Redemption Date the Redemption Price will become due CUSIP, Common Code and payable upon each such Security or portion thereof to be redeemedISIN numbers, if applicable, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue CUSIP, Common Code and ISIN numbers, if applicable, if any, listed in such notice or printed on and after said date;the Securities, and
(g10) the names and addresses paragraph of the Paying Agent and Securities pursuant to which the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Ryerson Tull Inc /De/), Indenture (J.M. Tull Metals Company, Inc.)
Notice of Redemption. Notice Unless otherwise provided as contemplated by Section 3.01 with respect to any series of Subordinated Debt Securities, notice of redemption shall be given by first-class mail, postage prepaid, mailed (i) not less than 30 5 calendar days nor more than 60 30 calendar days prior to the Redemption Date, Date to each Holder of Subordinated Debt Securities to be redeemedredeemed and (ii) to Trustee at least 5 business days prior to such date, at its address appearing unless a shorter notice period shall be satisfactory to the Trustee in the Security Registermanner and to the extent provided in Section 1.06. All notices Except as otherwise provided herein, such notice should be irrevocable but may be conditioned on the occurrence of any event or circumstance. Any redemption shall notice will state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are that, and subject to be redeemedwhat conditions, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, on the Redemption Date and that (unless payments will cease to accrue on such date;
d) the Company shall default in place or places at which each Holder may obtain payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;; and
(ge) the names and addresses of the Paying Agent and the offices CUSIP, Common Code and/or ISIN number or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numbernumbers, if any, relating with respect to such series of Subordinated Debt Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed. Notice of redemption of Subordinated Debt Securities to be redeemed at the election selection of the Company shall be given by the Company or, at the Company's written ’s request, by the Trustee in the name and at the expense of the Company. If the Company elects has elected to give redeem Subordinated Debt Securities but prior to the payment of the redemption amount with respect to such redemption the relevant UK authority exercises its U.K. bail-in power in respect of the Subordinated Debt Securities, the relevant redemption notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been givenautomatically rescinded and shall be of no force and effect, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity and no payment of the proceedings for the redemption of any other Security.amount will be due and payable. …
Appears in 2 contracts
Samples: Seventh Supplemental Indenture (NatWest Group PLC), Seventh Supplemental Indenture (NatWest Group PLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.2 not less than 30 days nor more than 60 days 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 in the Company's name and at the Company's expense; provided, however, that the Company shall deliver to the Trustee, at its address appearing least 35 days prior to the Redemption Date, 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 Security Registerfollowing items. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the redemption price and the amount of accrued interest to the Redemption Price;Date payable as provided in Section 5.7, if any,
(c3) if less than all Outstanding outstanding 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,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal thereof remaining unredeemed,
(5) that on the Redemption Date the redemption price (and accrued 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 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 be issued;cease to accrue on and after said date,
(e6) the place or places where such Securities are to be surrendered for payment of the redemption price and accrued interest, if any,
(7) the name and address of the Paying Agent,
(8) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;redemption price,
(f9) that on the Redemption Date the Redemption Price will become due CUSIP, Common Code and payable upon each such Security or portion thereof to be redeemedISIN numbers, if applicable, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue CUSIP, Common Code and ISIN numbers, if applicable, if any, listed in such notice or printed on and after said date;the Securities, and
(g10) the names and addresses paragraph of the Paying Agent and Securities pursuant to which the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Portola Packaging Inc), Indenture (Portola Packaging, Inc. Mexico, S.A. De C.V.)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;.
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security Security, to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Loehmanns Holdings Inc), Indenture (Loehmanns Holdings Inc)
Notice of Redemption. Notice When the Trustee shall receive notice from the Authority of its election or direction to redeem Bonds pursuant to Section 4.2 (including redemption pursuant to Sections 4.1(b) and 4.1(c)), and when redemption of Bonds is required pursuant to Section 4.3 (including redemption pursuant to Section 4.1(a)), the Trustee shall give notice, which notice shall specify the series and maturities of the Bonds to be redeemed, the redemption date and the place or places where amounts due upon such redemption will be payable, whether such redemption is conditioned upon the availability of funds for such purpose on the redemption date (in the case of redemption pursuant to Section 4.1(b) and 4.1(c)(i)) and, if less than all of the Bonds of any maturity are to be redeemed, the letters and numbers or other distinguishing marks of such Bonds so to be redeemed, and, in the case of Bonds to be redeemed in part only, such notice shall also specify the respective portions of the Principal Amount thereof to be given redeemed. Such notice shall further state that on such date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the Principal Amount thereof in the case of Bonds to be redeemed in part only, together with interest accrued on such Bonds to the redemption date, and that from and after such date interest on such Bonds shall cease to accrue and be payable; provided that, if the redemption is conditioned upon funds being available therefor no later than the opening of business on the Business Day prior to the redemption date, the notice shall so state. The Trustee shall mail a copy of such notice, by first-first class mail, postage prepaid, mailed not less than 30 thirty (30) days nor more than 60 forty-five (45) days prior before the redemption date, to the Redemption Date, to each Holder Owners of Securities any Bonds or portions of Bonds which are to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numbertheir last addresses, if any, relating to such Securities; and
(i) appearing upon the procedures that a Holder must follow to surrender the Securities to be redeemedregistration book. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure Failure to give such notice by mail with respect to any Bonds, or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part therein, shall not affect the validity of the proceedings for the redemption of any other SecurityBonds.
Appears in 2 contracts
Samples: Indenture of Trust, Indenture of Trust
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.6 to the Holders of Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder and such notice shall be irrevocable. The Company shall, concurrently with the giving of Securities such notice, publish a Press Release including the information required to be redeemed, at its address appearing included in the Security Registersuch notice of redemption hereunder. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;Price and accrued interest thereon to, but excluding, the Redemption Date,
(c3) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the aggregate principal amount of such Security Securities to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof of Securities which will be issued;outstanding after such partial redemption,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price and interest to, but excluding, the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;,
(g5) the names and addresses of Conversion Rate, the Paying Agent date on which the right to convert the Securities to be redeemed will terminate and the offices places where such Securities may be surrendered for conversion, and
(6) the place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
Price and accrued interest, to, but excluding, the Redemption Date. In case of a partial redemption, the notice shall specify the serial and CUSIP numbers (h) the CUSIP number, if any, relating ) and the portions thereof called for redemption and that transfers and exchanges may occur on or prior to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemedRedemption Date. 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 ’s written request, by the Trustee in the name of and at the expense of the Company. If Notice of redemption of Securities to be redeemed at the election of the Company elects to give notice of redemption, it shall provide received by the Trustee with a certificate stating that such notice has been shall be given in compliance with by the requirements of this Section 1105. The notice if mailed Trustee to each Paying Agent in the manner herein provided shall be conclusively presumed to have been given, whether or not name of and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 2 contracts
Samples: Indenture (Solectron Corp), Indenture (Solectron Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.06 not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state the Securities to be redeemed and shall also state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) if less than all Outstanding Securities of any series are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the particular Securities to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedSecurity, and that (unless the Company shall default in payment of the Redemption Price) interest interest, if any, thereon shall cease to accrue on from and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities, together in the case of Bearer Securities with all coupons, if any, appertaining thereto maturing after the Redemption Date are to be surrendered for payment of the Redemption Price;Price and accrued interest, if any, which shall be the office or agency of the Company in each Place of Payment with respect to Securities of such series,
(h6) that the redemption is for a sinking fund, if such is the case,
(7) that Bearer Securities may be surrendered for payment only at such place or places outside the United States, except as otherwise specified in Section 10.02, and unless otherwise specified in such notice, Bearer Securities of any series, if any, surrendered for redemption must be accompanied by all coupons maturing subsequent to the date fixed for redemption or the amount of any such missing coupon or coupons will be deducted from the Redemption Price, unless security or indemnity satisfactory to the Company, the Trustee for such series and any Paying Agent is furnished,
(8) if Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the Redemption Date pursuant to Section 3.05 or otherwise, the last date, as determined by the Company, on which such exchanges may be made, and
(9) the CUSIP number, if any, relating 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; and
(i) the procedures that a Holder must follow to surrender the 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 written request’s request at least 5 Business Days prior to the date notice is to be given (unless a shorter notice shall be satisfactory to the Trustee) together with the notice to be given, by the Trustee in the name of and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure Failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or any defect in part such notice given to the Holder of any Security shall not affect the validity of the proceedings for the redemption of any other SecuritySecurity or part thereof.
Appears in 2 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Indenture (Meritor Electric Vehicles, LLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.6 to the Holders of Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder and such notice shall be irrevocable. The Company shall, concurrently with the giving of Securities such notice, publish a Press Release including the information required to be redeemed, at its address appearing included in the Security Registersuch notice of redemption hereunder. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;, and accrued interest, if any, to the Redemption Date,
(c3) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the aggregate principal amount of such Security Securities to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof of Securities which will be issued;outstanding after such partial redemption,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price Price, and accrued interest, if any, to the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;,
(g5) the names and addresses of Conversion Rate, the Paying Agent date on which the right to convert the Securities to be redeemed will terminate and the offices places where such Securities may be surrendered for conversion, and
(6) the place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating to such Securities; and
the Redemption Date. In case of a partial redemption, the notice shall specify the serial and CUSIP numbers (iif any) and the procedures portions thereof called for redemption and that a Holder must follow transfers and exchanges may occur on or prior to surrender the Securities to be redeemedRedemption Date. 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 written request, by the Trustee in the name of and at the expense of the Company. If Notice of redemption of Securities to be redeemed at the election of the Company elects to give notice of redemption, it shall provide received by the Trustee with a certificate stating that such notice has been shall be given in compliance with by the requirements of this Section 1105. The notice if mailed Trustee to each Paying Agent in the manner herein provided shall be conclusively presumed to have been given, whether or not name of and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 2 contracts
Samples: Indenture (Ciena Corp), Indenture (Ciena Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 1.6 to the Holders to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to and such notice shall be redeemed, at its address appearing in the Security Registerirrevocable. All notices of redemption shall identify the Securities to be redeemed (including CUSIP numbers) and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;, and accrued interest, if any, to, but excluding, the Redemption Date,
(c3) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the aggregate principal amount of such Security Securities to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof of Securities which will be issued;outstanding after such partial redemption,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price Price, and accrued interest, if any, to, but excluding, the Redemption Date, will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;,
(g5) the names and addresses of Conversion Rate, the Paying Agent date on which the right to convert the Securities to be redeemed will terminate and the offices places where such Securities may be surrendered for conversion, and
(6) the place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating to, but excluding, the Redemption Date. In case of a partial redemption, the notice shall specify the serial and CUSIP numbers (if any) and the portions thereof called for redemption and that transfers and exchanges may occur on or prior to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemedRedemption Date. 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 written requestrequest (which request shall be delivered to the Trustee simultaneously with notification of the Redemption Date pursuant to Section 11.3), by the Trustee in the name of and at the expense of the Company. If Notice of redemption of Securities to be redeemed at the election of the Company elects to give notice of redemption, it shall provide received by the Trustee with a certificate stating that such notice has been shall be given in compliance with by the requirements of this Section 1105. The notice if mailed Trustee to each Paying Agent in the manner herein provided shall be conclusively presumed to have been given, whether or not name of and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 2 contracts
Samples: Indenture (Bowne & Co Inc), Indenture (Church & Dwight Co Inc /De/)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its such Holder’s current address appearing in the Security Register. All notices of redemption shall identify the Securities to be redeemed (including CUSIP numbers, if any) and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) 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 such Securities, the principal amounts) of the particular Securities to be redeemed;
(d) in redeemed and, if less than all the case Outstanding Securities of any series consisting of a single Security are to be redeemed in partredeemed, the principal amount of such the particular Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;redeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;,
(h6) for any Securities that by their terms may be converted, the CUSIP numberterms of conversion, if anythe 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, relating to such Securities; and
(i7) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 ’s written request, delivered to the Trustee at least 40 days (unless a shorter period is acceptable to the Trustee) prior to the proposed Redemption Date, in the form of 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, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it and shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105be irrevocable. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Sally Investment Holdings LLC), Indenture (Sally Investment Holdings LLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.2 not less than 30 days nor more than 60 days 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 in the Company's name and at the Company's expense; provided, however, that the Company shall deliver to the Trustee, at its address appearing in least 45 days prior to the Security RegisterRedemption 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 following items. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the redemption price and the amount of accrued interest to the Redemption Price;Date payable as provided in Section 5.7, if any,
(c3) if less than all Outstanding outstanding 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,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal thereof remaining unredeemed,
(5) that on the Redemption Date the redemption price (and accrued 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 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 be issued;cease to accrue on and after said date,
(e6) the place or places where such Securities are to be surrendered for payment of the redemption price and accrued interest, if any,
(7) the name and address of the Paying Agent,
(8) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;redemption price,
(f9) that on the Redemption Date the Redemption Price will become due CUSIP, Common Code and payable upon each such Security or portion thereof to be redeemedISIN numbers, if applicable, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue CUSIP, Common Code and ISIN numbers, if applicable, if any, listed in such notice or printed on and after said date;the Securities, and
(g10) the names and addresses paragraph of the Paying Agent and Securities pursuant to which the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (VI Acquisition Corp), Indenture (Argo Tech Corp)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;Price and accrued interest, if any, to the Redemption Date,
(c3) 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;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price and accrued interest will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating to such Securities; and
(i6) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give Any notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if which is mailed in the manner herein provided shall be presumed conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, ; and failure duly to give such notice by mail mail, or any defect in the notice such notice, to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 106 not less than 30 days 10 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing ; provided that in the Security Registercase of Securities held through the Depository by Depository participants, such notice will be submitted via the Depository’s electronic messaging system. All notices Each notice of redemption shall identify the Securities (including “CUSIP” number(s) and the statement from Section 310) to be redeemed and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;Price and the amount of accrued interest to the Redemption Date payable as provided in Section 1007, if any,
(c3) if less than all Outstanding Securities are to be redeemed, the identification (and, in the case of a partial redemption, the principal amounts) of the particular Securities to be redeemed;,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of such Security to be redeemed that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal to the unredeemed portion thereof will be issued;remaining unredeemed,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f5) that on the Redemption Date the Redemption Price (and unpaid and accrued interest, if any, to the Redemption Date payable as provided in Section 1007) will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemed, and that (that, unless the Company shall default Issuer defaults in making such redemption payment of or the Redemption Price) Trustee or the Paying Agent is prohibited from making such payment, interest thereon shall will cease to accrue on and after said date;, and
(g6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be presented and surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed. Notice of redemption of Securities to be redeemed at the election of the Company Issuer shall be given by the Company Issuer or, at the Company's written Issuer’s request, by the Trustee in the name and at the expense of the Company. If Issuer; provided, however, in the Company elects to latter case the Issuer shall give notice of redemption, it shall provide the Trustee with a certificate stating that at least 10 days prior notice (or such shorter notice has been given in compliance with as the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity Trustee may permit) of the proceedings for date of the redemption giving of any other Securitythe notice.
Appears in 2 contracts
Samples: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)
Notice of Redemption. (a) The Trustee, for and on behalf of the Issuer, shall give notice of the redemption of any Bond by Mail, postage prepaid, not less than fifteen (15) nor more than sixty (60) days prior to the redemption date, to the Owner of such Bond at the address shown on the registration books of the Registrar on the date such notice is mailed and to the Remarketing Agent, Xxxxx'x, S&P, the Securities Depositories and one or more of the Information Services. Notice of redemption shall also be given to DTC in accordance with the DTC Representation Letter. Notice of redemption to the Securities Depositories and the Information Services shall be given by first-class registered mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices Each notice of redemption shall state:
(a) state the Redemption Date;
(b) date of such notice, the Redemption Price;
(c) if less than all Outstanding Securities are date of issue of the Bonds to be redeemed, the identification redemption date, the redemption price, the place of redemption (including the name and appropriate address or addresses of the particular Securities Paying Agent), the source of the funds to be redeemed;
used for such redemption, the principal amount, the CUSIP number (dif any) of the maturity and, if less than all, the distinctive certificate numbers of the Bonds to be redeemed and, in the case of a Security Bonds to be redeemed in partpart only, the respective portions of the principal amount of such Security thereof to be redeemed redeemed. Each such notice shall also state that the interest on the Bonds designated for redemption shall cease to accrue from and after such redemption date and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price said date there will become due and payable upon on each such Security or portion of said Bonds the principal amount thereof to be redeemed, interest accrued thereon, if any, to the redemption date and the premium, if any, thereon (such premium to be specified) and shall require that (unless such Bonds be then surrendered at the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and address or addresses of the Paying Agent and specified in the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of redemption notice. Notwithstanding the Redemption Price;
(h) the CUSIP numberforegoing, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, failure by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of pursuant to this Section 11054.05 to any one or more of the Information Services or Securities Depositories or the insufficiency of any such notices shall not affect the sufficiency of the proceedings for redemption. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure Failure to give such any required notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part to any particular Bond shall not affect the validity of the proceedings call for the redemption of any other SecurityBonds in respect of which no such failure has occurred.
(b) With respect to any notice of optional redemption of Bonds in accordance with Section 4.02 hereof, unless, upon the giving of such notice, such Bonds shall be deemed to have been paid within the meaning of Article VIII hereof, such notice may state that such redemption is conditioned upon the receipt by the Trustee, on or prior to the date fixed for such redemption, of moneys sufficient to pay the principal of, and premium, if any, and interest on, such Bonds to be redeemed. In the event such moneys are not so received, the redemption shall not be made and the Trustee shall within a reasonable time thereafter give notice, in the manner in which the notice of redemption was given, that such redemption will not take place.
(c) The Trustee shall also provide the notice with respect to the Bonds to be redeemed as required by Section 3.05(a) hereof.
Appears in 2 contracts
Samples: Trust Indenture (Enron Corp/Or/), First Supplemental Trust Indenture (Enron Corp/Or/)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.2 not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities 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 deliver to the Trustee, at its address appearing 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 Security Registerfollowing items. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the redemption price and the amount of accrued interest to the Redemption Price;Date payable as provided in Section 5.7, if any,
(c3) if less than all Outstanding outstanding 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,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal thereof remaining unredeemed,
(5) that on the Redemption Date the redemption price (and accrued 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 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 be issued;cease to accrue on and after said date,
(e6) the place or places where such Securities are to be surrendered for payment of the Redemption Price and accrued interest, if any,
(7) the name and address of the Paying Agent,
(8) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;,
(f9) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedCUSIP number, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to listed in such notice or printed on the Securities; , and
(i10) the procedures that a Holder must follow to surrender paragraph of the Securities pursuant to which the Securities are 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Georgia Gulf Corp /De/), Indenture (Jiffy Lube International Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Registersuch Holdxx'x xegistered address. All notices of redemption shall identify the Securities to be redeemed (including CUSIP numbers) and shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) if less than all Outstanding the outstanding Securities of such Series are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i6) that the procedures that redemption is for a Holder must follow to surrender sinking fund, if such is the Securities to be redeemedcase. Notice of redemption of Securities of any Series to be redeemed at the election of the Company shall be given by the Company or, at the Company's written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if 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, a failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Calpine Canada Energy Finance Ulc), Indenture (Calpine Canada Energy Finance Ulc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities Notes to be redeemed, at its address appearing in the Security Note Register. .
(a) All notices of redemption shall state:
(ab) the Redemption Date;
(bc) the Redemption Price;
(cd) if less than all Outstanding Securities Notes are to be redeemed, the identification of the particular Securities Notes to be redeemed;
(de) in the case of a Security Note to be redeemed in part, the principal amount of such Security Note to be redeemed and that after the Redemption Date upon surrender of such SecurityNote, new Security Note or Securities Notes in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(ef) that Securities Notes called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fg) that on the Redemption Date the Redemption Price will become due and payable upon each such Security Note or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(gh) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 10.2 where such Securities Notes are to be surrendered for payment of the Redemption Price;
(hi) the CUSIP number, if any, relating to such SecuritiesNotes; and
(ij) the procedures that a Holder must follow to surrender the Securities Notes to be redeemed. Notice of redemption of Securities Notes to be redeemed at the election of the Company shall be given by the Company or, at the Company's ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 110511.5. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other SecurityNote.
Appears in 2 contracts
Samples: Indenture (Bally Franchise RSC Inc), Indenture (Bally Franchise RSC Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.02 not less than 30 days 10 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemedredeemed and to the Trustee, 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 or as a result of a delay in the Redemption Date, in accordance with the immediately succeeding paragraph. Notice of any redemption of the Securities may, at its address appearing the Company’s discretion, be given in connection with another transaction (or series of related transactions) and prior to the completion or the occurrence thereof, and any such redemption may, at the Company’s discretion, be subject to one or more conditions precedent, including completion or occurrence of the related transaction or event, as the case may be. In addition, the Company may provide in such notice that payment of the Redemption Price and performance of the Company’s obligations with respect to such redemption may be performed by another Person (but the Company shall remain responsible in the Security Registerevent of any failure of such other Person to perform any such obligation). The Trustee shall give notice of redemption in the Company’s name and at the Company’s expense; provided that the Company shall deliver to the Trustee, at least 5 days prior to the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), an Officer’s 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 shall state:
(a1) the Redemption Date;
(b2) the Redemption PricePrice and the amount of accrued interest and Additional Amounts, if any, to the Redemption Date payable as provided in Section 5.06;
(c3) if less than all Outstanding outstanding Securities of any series are to be redeemed, the identification aggregate principal amounts of the particular Securities to be redeemed;
(d4) in the case of a Security any Securities are to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed Securities shall state that on and that after the Redemption Date Date, upon surrender of such SecuritySecurities, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal to the unredeemed portion thereof will be issuedremaining unredeemed;
(e5) that on the Redemption Date the Redemption Price (and accrued interest, if any, to the Redemption Date payable as provided in Section 5.06) 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 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 Redemption Price and accrued interest, if any;
(7) the name and address of the Paying Agent;
(8) that Securities called for redemption (other than a Global Security) must be surrendered to the Paying Agent to collect the Redemption Price;
(f9) that on the Redemption Date the Redemption Price will become due and payable upon each such Security CUSIP, ISIN or portion thereof to be redeemedother similar security identifying numbers, if any, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue CUSIP, ISIN or other similar security identifying numbers, if any, listed in such notice or printed on and after said datethe Securities;
(g10) the names section of this Indenture and addresses the paragraph of the Paying Agent and Securities pursuant to which the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securitiesredeemed; and
(i11) if such redemption is subject to satisfaction of one or more conditions precedent, a description of each such condition, and if applicable, that, in the procedures Company’s discretion, the Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied or waived, or such redemption may not occur and such notice may be rescinded in the event that a Holder must follow to surrender any or all such conditions shall not have been satisfied or waived by the Securities to Redemption Date or by the Redemption Date as so delayed, or such notice may be redeemedrescinded at any time in the Company’s discretion if the Company reasonably believes that any or all of such conditions will not be satisfied. Notice of redemption of Securities to be redeemed at the election of the Company shall be is effective if given by the Company or, at the Company's written request, by the Trustee in the name properly and at the expense of the Company. If the Company elects any failure to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect effect the validity of the proceedings notice. Neither the Trustee nor the Paying Agent is responsible for the redemption of calculating or verifying any other SecurityRedemption Price.
Appears in 2 contracts
Samples: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Ingersoll Rand Inc.)
Notice of Redemption. Notice of redemption shall be given delivered electronically or by first-class mail, postage prepaid, mailed not less than 30 days 15 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the Redemption Price;,
(c3) if less than all the Outstanding Securities of any series are to be redeemed, the identification (and, in the case of partial redemption of any Securities, the principal amount) of the particular Securities to be redeemed;,
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;,
(g5) in the case of any Securities that are convertible pursuant to Article XIV, the conversion price or rate, the date on which the right to convert the principal of the Securities to be redeemed will terminate and the place or places where such Securities may be surrendered for conversion,
(6) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;,
(h7) that the CUSIP numberredemption is for a sinking fund, if anysuch is the case, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the Securities to be redeemed8) applicable CUSIP or ISIN Numbers. 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 written request’s request and with the notice information provided to the Trustee, by the Trustee in the name and at the expense of the Company. If Company and shall be irrevocable; provided, in the latter case, the Company elects to will give the Trustee at least 15 days’ prior notice of redemption, it the date of the giving of the notice (unless a shorter notice shall provide be satisfactory to the Trustee). Notice of redemption of Securities to be redeemed at the election of the Company received by the Trustee with a certificate stating that such notice has been shall also be given in compliance with by the requirements of this Section 1105. The notice if mailed Trustee to each Paying Agent in the manner herein provided shall be conclusively presumed to have been given, whether or not name of and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 2 contracts
Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/)
Notice of Redemption. Notice of redemption redemptionredemptions pursuant to Sections 11.01(a), (b) or (c) shall be given by first-class mail, postage prepaid, mailed not less than 30 days (or, in the case of redemption pursuant to the last sentence of 11.01(c), seven days) nor more than 60 days prior to the Redemption DateDate and pursuant to Section 11.01(d) shall be given in accordance with Section 11.01(d), to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption (whether under Sections 11.01 (a), (b), (c) or (d)) shall state:
(a) : the Redemption Date;
(b) ; the Redemption Price;
(c) ; if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) ; in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) ; that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) ; 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) ; the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 10.02 where such Securities are to be surrendered for payment of the Redemption Price;
(h) ; the CUSIP number, if any, relating to such Securities and that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed on such notice or printed on the Securities; and
(i) and the procedures that a Holder must follow to surrender the 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 ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of voluntary redemption, it shall provide the Trustee with a certificate certificate, five days prior to the notice being sent (or such shorter period as Trustee may accept in its absolute discretion), stating that such notice has been beenwill be given in compliance with the requirements of this Section 110511.05 setting forth the information set forth therein and will provide a complete form of such proposed notice. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security. Any notice of redemption otherwise made in compliance with this Section 11.05 may, at the Company’s discretion, be subject to one or more conditions precedent, including completion of an Equity Offering or consummation of other transactions related to such proposed redemption as specified in such notice of redemption.
Appears in 2 contracts
Samples: Consent Agreement (Blyth Inc), Supplemental Indenture (Blyth Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 11.2 not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities 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 deliver to the Trustee, at its address appearing least 45 days prior to the Redemption Date, 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 Security Registerfollowing items. All notices of redemption shall state:
(a1) the Redemption Date;,
(b2) the redemption price and the amount of accrued interest to the Redemption Price;Date payable as provided in Section 5.7, if any,
(c3) if less than all Outstanding outstanding 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,
(d4) in the case of a any Security is to be redeemed in partpart only, the principal amount of notice which relates to such Security to be redeemed shall state that on and that after the Redemption Date Date, upon surrender of such Security, the Holder will receive, without charge, a new Security or Securities in of authorized denominations for the aggregate principal amount equal thereof remaining unredeemed,
(5) that on the Redemption Date the redemption price (and accrued 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 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 be issued;cease to accrue on and after said date,
(e6) the place or places where such Securities are to be surrendered for payment of the Redemption Price and accrued interest, if any,
(7) the name and address of the Paying Agent,
(8) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;,
(f9) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedCUSIP number, and that (unless no representation is made as to the Company shall default in payment accuracy or correctness of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to listed in such notice or printed on the Securities; , and
(i10) the procedures that a Holder must follow to surrender paragraph of the Securities pursuant to which the Securities are 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (General Maritime Corp/), Indenture (Russell Corp)
Notice of Redemption. Notice (a) In case the Company shall desire to exercise such right to redeem all or, as the case may be, a portion of the Debentures in accordance with the right reserved so to do, it shall give notice of such redemption shall to holders of the Debentures to be given redeemed by first-mailing, first class mail, postage prepaid, mailed a notice of such redemption not less than 30 days nor and not more than 60 days prior before the date fixed for redemption to such holders at their last addresses as they shall appear upon the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Debenture Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) 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 shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give Any notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder registered holder receives such the notice. In any case, failure duly to give such notice by mail to the holder of any Debenture designated for redemption in whole or in part, or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part notice, shall not affect the validity of the proceedings for the redemption of any other SecurityDebentures. In the case of any redemption of Debentures prior to the expiration of any restriction on such redemption provided in the terms of such Debentures or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with any such restriction. Each such notice of redemption shall include the CUSIP numbers of Debentures to be redeemed and shall specify the date fixed for redemption and the redemption price at which Debentures are to be redeemed, and shall state that payment of the redemption price of such Debentures to be redeemed will be made at the office or agency of the Trustee in the Borough of Manhattan, the City and State of New York, upon presentation and surrender of such Debentures, that interest accrued to the date fixed for redemption will be paid as specified in said notice, and that from and after said date interest will cease to accrue. If less than all the Debentures are to be redeemed, the notice to the holders of Debentures to be redeemed in whole or in part shall specify the particular Debentures to be so redeemed. In case any Debenture is to be redeemed in part only, the notice which relates to such Debenture shall state the portion of the principal amount thereof to be redeemed, and shall state that on and after the redemption date, upon surrender of such Debenture, a new Debenture or Debentures in principal amount equal to the unredeemed portion thereof will be issued. By 10:00 a.m., New York City time, on the redemption date, the Company will deposit irrevocably with the Trustee funds sufficient to pay the applicable redemption price and will give irrevocable instructions and authority to pay such redemption price to the holders of the Debentures.
(b) If less than all the Debentures are to be redeemed, the Company shall give the Trustee at least 45 days notice in advance of the date fixed for redemption as to the aggregate principal amount of Debentures to be redeemed, and thereupon the Trustee shall select, by lot or in such other manner as it shall deem appropriate and fair in its discretion and which may provide for the selection of a portion or portions (equal to $25 or any integral multiple thereof) of the principal amount of such Debentures of a denomination larger than $25, the Debentures to be redeemed and shall thereafter promptly notify the Company in writing of the numbers of the Debentures to be redeemed, in whole or in part. The Company may, if and whenever it shall so elect, by delivery of instructions signed on its behalf by its Chairman, President or any Vice President, instruct the Trustee or any paying agent to call all or any part of the Debentures for redemption and to give notice of redemption in the manner set forth in this Section, such notice to be in the name of the Company or its own name as the Trustee or such paying agent may deem advisable. In any case in which notice of redemption is to be given by the Trustee or any such paying agent, the Company shall deliver or cause to be delivered to, or permit to remain with, the Trustee or such paying agent, as the case may be, such Debenture Register, transfer books or other records, or suitable copies or extracts therefrom, sufficient to enable the Trustee or such paying agent to give any notice by mail that may be required under the provisions of this Section.
Appears in 2 contracts
Samples: Indenture (Sunsource Inc), Indenture (Sunsource Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed or otherwise in accordance with the Applicable Procedures not less than 30 days 10 nor more than 60 days prior to the Redemption DateDate (or within such period as otherwise specified as contemplated by Section 3.01 for the relevant Securities), to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall identify the Securities to be redeemed (including CUSIP numbers, if any) and shall state:
(a) the Redemption Date;
(b) the Redemption PricePrice (or the method of calculating such price);
(c) 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 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;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall will cease to accrue on and after said date;
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where each such Securities are Security is to be surrendered for payment of the Redemption Price;
(hf) that the CUSIP numberredemption is for a sinking fund, if any, relating to such Securitiesis the case; and
(ig) for any Securities that by their terms may be converted, the procedures that a Holder must follow terms of conversion, the date on which the right to surrender convert the Securities Security to be redeemedredeemed will terminate and the place or places where such Securities may be surrendered for conversion. 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 written request’s request (which may be rescinded or revoked at any time prior the time at which the Trustee shall have given such notice to the Holders), by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemedthereof, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;; and
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 ’s written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or to any defect in the notice to the Holder of any Security designated for redemption as a whole or in part part, or any defect in any such notice, shall not affect the validity of the proceedings for the redemption of any other Security.
Appears in 2 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 45 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its his address appearing in the Security Register. All notices of redemption shall state:
(a1) the Redemption Date;
(b2) the Redemption Price;
(c3) if less fewer than all the Outstanding Securities of any series or Tranche are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f4) that on the Redemption Date the Redemption Price will become be come due and payable upon each such Security or portion thereof to be redeemedredeemed and, and if applicable, that (unless the Company shall default in payment of the Redemption Price) interest thereon shall thereon, if any, will cease to accrue on and after said date;
(g5) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h6) that the redemption is for a sinking or other fund, if such is the case;
(7) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender of the Securities to be redeemed; and
(8) unless otherwise provided as to a particular series of Securities or any Tranche thereof, if at the time of publication or mailing of any notice of redemption the Company shall not have deposited with the Trustee or Paying Agent and/or irrevocably directed the Trustee or Paying Agent to apply, from money held by it available to be used for the redemption of Securities, an amount in cash sufficient to redeem all of the Securities called for redemption, including accrued interest, if any, to the Redemption Date, such notice shall state that it is subject to the receipt of the redemption moneys by the Trustee or Paying Agent before the Redemption Date (unless such redemption is mandatory) and such notice shall be of no effect unless such moneys are so received before such date. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice Notice of redemption, it mandatory redemption of Securities shall provide be given by the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not name and at the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity expense of the proceedings for the redemption of any other SecurityCompany.
Appears in 2 contracts
Samples: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided in Section 106 to the Holders of the Debt Securities to be redeemed not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;,
(b) the Redemption Price;,
(c) if less than all Outstanding the Debt Securities of any series or Tranche are to be redeemed, the identification of the particular Debt Securities to be redeemed;
(d) in redeemed and the case portion of a the principal amount of any Debt Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;,
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date Date, the Redemption Price Price, together with accrued interest, if any, to the Redemption Date, will become due and payable upon each such Debt Security or portion thereof to be redeemedredeemed and, if applicable and provided that (unless the Company shall default in payment of the Redemption Price) Price is received by the Paying Agent or Agents on or prior to the Redemption Date, that interest thereon shall will cease to accrue on and after said date;,
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Debt Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP numberPrice and accrued interest, if any, relating unless it shall have been specified as contemplated by Section 301 with respect to such Securities; Debt Securities that such surrender shall not be required,
(f) that the redemption is for a sinking or other fund, if such is the case, and
(ig) such other matters as the procedures Company shall deem desirable or appropriate (including CUSIP numbers with respect to such Debt Securities, if the Company shall so elect, in which event such notice of redemption may contain a disclaimer as to the correctness of such numbers either as printed on the Debt Securities or on such notice of redemption). Unless otherwise specified with respect to any Debt Securities in accordance with Section 301, with respect to any notice of redemption of Debt Securities at the election of the Company, unless, upon the giving of such notice, such Debt Securities shall be deemed to have been paid in accordance with Section 701, such notice may state that such redemption shall be conditional upon the receipt by the Paying Agent or Agents for such Debt Securities, on or prior to the date fixed for such redemption, of money sufficient to pay the principal of and premium, if any, and interest, if any, on such Debt Securities and that if such money shall not have been so received such notice shall be of no force or effect and the Company shall not be required to redeem such Debt Securities. In the event that such notice of redemption contains such a Holder must follow to surrender condition and such money is not so received, the Securities redemption shall not be made and within a reasonable time thereafter notice shall be given, in the manner in which the notice of redemption was given, that such money was not so received and such redemption was not required to be redeemedmade, and the Paying Agent or Agents for the Debt Securities otherwise to have been redeemed shall promptly return to the Holders thereof any of such Debt Securities which had been surrendered for payment upon such redemption. Notice of redemption of Debt Securities to be redeemed at the election of the Company Company, and any notice of non-satisfaction of a condition for redemption as aforesaid, shall be given by the Company or, at the Company's written request, by the Trustee Debt Security Registrar in the name and at the expense of the Company. If Notice of mandatory redemption of Debt Securities shall be given by the Company elects Debt Security Registrar in the name and at the expense of the Company. Section 405. Debt Securities Payable on Redemption Date. Notice of redemption having been given as aforesaid, and the conditions, if any, set forth in such notice having been satisfied, the Debt Securities or portions thereof so to give be redeemed shall, on the Redemption Date, become due and payable at the Redemption Price therein specified, and from and after such date (unless, in the case of an unconditional notice of redemption, it the Company shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed default in the manner herein provided payment of the Redemption Price and accrued interest, if any) such Debt Securities or portions thereof, if interest-bearing, shall cease to bear interest. Upon surrender of any such Debt Security for redemption in accordance with such notice, such Debt Security or portion thereof shall be conclusively presumed paid by the Company at the Redemption Price, together with accrued interest, if any, to have been giventhe Redemption Date; provided, whether however, that no such surrender shall be a condition to such payment if so specified as contemplated by Section 301 with respect to such Debt Security; and provided, further, that except as otherwise specified as contemplated by Section 301 with respect to such Debt Security, any installment of interest on any Debt Security the Stated Maturity of which installment is on or not prior to the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice Redemption Date shall be payable to the Holder of any such Debt Security, or one or more Predecessor Debt Securities, registered as such at the close of business on the related Regular Record Date according to the terms of such Debt Security designated for redemption as a whole or in part shall not affect and subject to the validity provisions of the proceedings for the redemption of any other SecuritySection 307.
Appears in 2 contracts
Samples: Indenture (North Carolina Natural Gas Corp), Indenture (Carolina Power & Light Co)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the Redemption DateDate unless a shorter period is specified by the terms of such series established pursuant to Section 3.01, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. 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. As long as the Securities are issued in global form, notices to be given to Holders will be given to the Depositary, in accordance with its applicable policies as in effect from time to time. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption PricePrice or the method by which such Redemption Price shall be determined;
(c) if less than all Outstanding Securities of a series are to be redeemed, the identification of the particular Securities to be redeemed;
(d) in the case of a Security to be redeemed in part, the principal amount of such Security to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issued;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(f) that on the Redemption Date Date, the Redemption Price will become due and payable upon each such Security or portion thereof to be redeemed, and that (unless the Company shall default in payment of the Redemption Price) interest thereon shall cease to accrue on and after said date;
(g) the names and addresses of the Paying Agent and the offices or agencies referred to in Section 1002 10.02 where such Securities are to be surrendered for payment of the Redemption Price;
(h) the CUSIP number, if any, relating to such Securities; and
(i) the procedures that a Holder must follow to surrender the 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 ’s written requestrequest delivered at least 15 days prior to the date such notice is to be given (unless a shorter period shall be reasonably acceptable to the Trustee), by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 110511.05. The notice if mailed in the manner herein provided shall be conclusively presumed to have been 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 to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security. Once notice of redemption is mailed in accordance with Section 3.03 hereof, Securities called for redemption become irrevocably due and payable on the Redemption Date at the Redemption Price. A notice of redemption may not be conditional.
Appears in 2 contracts
Samples: Indenture (Geo MCF Lp, LLC), Indenture (Geo MCF Lp, LLC)
Notice of Redemption. Notice of redemption shall be given by first-class mail, postage prepaid, mailed in the manner provided for in Section 15.5 hereof not less than 30 days nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at its address appearing in the Security Register. All notices of redemption shall state:
(a) the Redemption Date;
(b) the Redemption Price;
(c) if less than all Outstanding Securities are to be redeemedin the case of a partial redemption of Physical Securities, the identification of the particular Securities to be redeemed;
(d) in the case of a , and, if any Global Security or Physical Security is to be redeemed in part, the portion of the principal amount of such Security thereof to be redeemed and that after the Redemption Date upon surrender of such Security, new Security or Securities in the aggregate principal amount equal to the unredeemed portion thereof will be issuedredeemed;
(e) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price;
(fd) that on the Redemption Date the Redemption Price (together with accrued interest, if any, to the Redemption Date payable as provided in Section 11.7 hereof) will become due and payable upon each such Security Security, or the portion thereof thereof, to be redeemed, and that (that, unless the Company shall default in the payment of the Redemption Price) Price and any applicable accrued and unpaid interest, interest thereon shall will cease to accrue on and after said date;; and
(ge) the names and addresses of the Paying Agent and the offices place or agencies referred to in Section 1002 places where such Securities are to be surrendered for payment of the Redemption Price;
(h) . If any Security to be redeemed is in global form, then the CUSIP number, if any, relating Company shall modify such notice to such Securities; and
(i) the extent necessary to accord with the procedures that a Holder must follow of the Depository applicable to surrender the Securities to be redeemedrepurchases. 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 written request, by the Trustee in the name and at the expense of the Company. If the Company elects to give notice of redemption, it shall provide the Trustee with a certificate stating that such notice has been given in compliance with the requirements of this Section 1105. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the Holder receives such notice. In any case, failure Failure to give such notice by mail mailing to any Holder of Securities or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part therein shall not affect the validity of the any proceedings for the redemption of any other SecuritySecurities.
Appears in 2 contracts
Samples: Indenture (Nuevo Energy Co), Indenture (Nuevo Energy Co)