Notice of Redemption. At least 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof; (3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note; (4) the name and address of the Paying Agent; (5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price; (6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date; (7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and (8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 5 contracts
Samples: Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 5 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Notice of Redemption. At least 10 days but not days, and no more than 60 days days, before a redemption dateRedemption Date, the Company Issuer shall mail or mail, cause to be mailed, by first class mail or delivered electronicallyelectronically if held by the Depository, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresshis or her last address as the same appears on the registry books maintained by the Registrar pursuant to Section 2.04, except that redemption notices may be mailed mailed, or delivered electronically if held by the Depository, more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant Indenture. If the Issuer mails such notice to Articles 8 or 11 hereofHolders, it shall mail a copy of such notice to the Trustee at the same time. The notice will shall identify the Notes to be redeemed (including the CUSIP numbers, ISIN and will Common Code numbers, if any thereof) and shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where and the amount of premium (or the manner of calculation the redemption price cannot and/or premium) and accrued interest to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date and upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Noteissued;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, that unless the Company Issuer defaults in making such the redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) that the Notes are being redeemed pursuant to paragraph 6 of the Notes;
(8) the aggregate principal amount of Notes and/or Section of this Indenture pursuant to which the Notes called for redemption that are being redeemed; and
(8) that no representation 9) if the redemption is made as to the correctness or accuracy conditional, a description of the CUSIP number, if any, listed in applicable conditions and the date by which such notice or printed on the Notesconditions are expected to be satisfied. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, written request made at least four (4) five Business Days prior to the date such on which notice of redemption is to be distributed to the Holders given (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Certificate requesting that the Trustee shall give such the notice and setting forth of redemption prepared by the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof mayIssuer, in the CompanyIssuer’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, name and at the CompanyIssuer’s discretionsole expense. In such event, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in Issuer shall provide the event that any or all such conditions have not been satisfied Trustee with the information required by the redemption date, or by the redemption date so delayedthis Section 3.03.
Appears in 5 contracts
Samples: Indenture (Match Group, Inc.), Indenture (Match Group, Inc.), Indenture (Match Group, Inc.)
Notice of Redemption. At least 10 thirty (30) days but not more than 60 sixty (60) days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 9 or 11 13 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original NoteNote (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made);
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four forty-five (445) Business Days days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 5 contracts
Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall Issuers will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereofof this Indenture. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price orprice, where including the accrued interest to the redemption price cannot be calculated at date and the time of such noticeMake-Whole Amount, the method of calculation thereofif applicable;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s Issuers’ name and at its their expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders 45 days (or such shorter period of time as is satisfactory to the Trustee in its sole discretion may allow)Trustee) prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 4 contracts
Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Inc)
Notice of Redemption. At least 10 30 days but not more than 60 days before a date for redemption dateof Notes, the Company shall mail or cause to be mailed(or, at the Company’s option in the case of Notes held in book-entry form, send by first class mail or delivered electronically, electronic transmission) a notice of redemption by first-class mail to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will shall identify the Notes to be redeemed and will shall state:
(1) the redemption dateaggregate amount of Notes to be redeemed;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofRedemption Date;
(3) if any Note is being redeemed in part, the portion redemption price (or the method of calculating such price) and the principal amount of such Note accrued interest to be redeemed and thatpaid, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteif any;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceprice plus accrued and unpaid interest, if any;
(6) if fewer than all the outstanding Notes of the affected series are to be redeemed, the certificate number (if certificated) and principal amounts of the particular Notes to be redeemed;
(7) that, unless the Company defaults in making such redemption payment, interest on Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) 8) the paragraph of CUSIP number, or any similar number, if any, printed on the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP number, or any similar number, if any, listed in such notice or printed on the Notes. At the Company’s requestwritten request (which may be rescinded or revoked at any time prior to the time at which the Trustee shall have given such notice to the Holders), the Trustee shall give the notice of redemption in the name of the Company and at the Company’s name and at its expense; providedexpense (which notice shall be sent by electronic transmission in the case of Notes held in book-entry form). In such event, however, that the Company has delivered to shall provide the Trustee, Trustee with the information required by this Section 3.3 at least four (4) 5 Business Days prior to the date chosen for giving such notice of redemption is to be distributed to the Holders (or such shorter period as unless the Trustee shall agree to a shorter period). The notice, if mailed in its sole discretion may allow)the manner herein provided, an Officers’ Certificate requesting that shall be conclusively presumed to have been given, whether or not the Trustee Holder receives such notice. In any case, failure to give such notice and setting forth the information to be stated in such notice as provided by mail or any defect in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction Holder of one any Note designated for redemption as a whole or more conditions precedent. If a redemption notice is subject to satisfaction in part shall not affect the validity of one or more conditions precedent, such notice will state that, at the Company’s discretion, proceedings for the redemption date may be delayed until such time as of any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedother Notes.
Appears in 4 contracts
Samples: Indenture (Ralph Lauren Corp), Indenture (Ralph Lauren Corp), Indenture (Reliance Steel & Aluminum Co)
Notice of Redemption. At least 10 days but not more than 60 days before a (a) Notice of redemption date, or purchase as provided in Section 10.01 shall be deemed to have been given upon the Company shall mail or cause to be mailed, mailing by first class mail or delivered electronicallymail, a postage prepaid, of such notice of redemption to each Holder whose of Notes are to be redeemed redeemed, at its registered addressaddress as recorded in the Register, except that redemption notices may be mailed or delivered not later than 30 nor more than 60 days prior to a redemption date if the Redemption Date. Any such notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will shall state:
(1i) the redemption date;expected Redemption Date,
(2ii) the redemption price or, where the redemption price cannot Redemption Price,
(iii) if less than all Outstanding Notes are to be calculated at the time of such noticeredeemed, the method identification (and, in the case of calculation thereof;partial redemption, the respective principal amounts) of the particular Notes to be redeemed,
(3iv) if any Note is being redeemed in part, that on the portion of Redemption Date the principal amount of Redemption Price will become due and payable upon each such Note to be redeemed redeemed, and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption paymentpayment or any Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes called for redemption ceases thereon shall cease to accrue on from and after the redemption said date;,
(7v) the paragraph place or places where such Notes are to be surrendered for payment of the Notes and/or Redemption Price and the name and address of the Paying Agent or Paying Agents,
(vi) the CUSIP and other security identification numbers, if any, subject to Section 3.12 hereof, and
(vii) the section of this Indenture pursuant to which the Notes called for redemption are being to be redeemed; and. Redemption may be subject to one or more conditions precedent.
(8) that no representation is made as b) Notice of such redemption or purchase of Notes to be so redeemed or purchased at the correctness or accuracy election of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee Company shall give the notice of redemption in the Company’s name and at its expense; provided, however, that be given by the Company has delivered to the Trusteeor, at the written request of the Company delivered at least four (4) five Business Days prior to the date proposed for the mailing of such notice of redemption is to (unless a shorter notice shall be distributed satisfactory to the Holders (or such shorter period as Trustee), by the Trustee in its sole discretion may allow), an Officers’ Certificate requesting the name and at the expense of the Company; provided that such notice to the Trustee may be revoked by the Company by written notice delivered to the Trustee prior to the date proposed for the mailing of the notice of such redemption to the Holders.
(c) 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 and setting forth the information to be stated in such notice as provided by mail or any defect in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction Holder of one any Note designated for redemption as a whole or more conditions precedent. If a redemption notice is subject to satisfaction in part shall not affect the validity of one or more conditions precedent, such notice will state that, at the Company’s discretion, proceedings for the redemption date may be delayed until such time as of any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedother Note.
Appears in 4 contracts
Samples: Indenture (Lyondell Chemical Co), Indenture (Lyondell Refining LP, LLC), Indenture (Lyondell Houston Refinery Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption datedate (or such shorter period as may be agreed to by the Trustee, the Company shall Issuers and the Holders of a majority in principal amount of the then-outstanding Notes), the Issuers will mail or cause to be mailed, by first class mail or delivered sent electronically, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 10 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateapplicable Redemption Date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofapplicable Redemption Price;
(3) if any Note is the Notes are being redeemed in part, the portion of the principal amount of such Note Notes to be redeemed and that, after the redemption date Redemption Date upon surrender of such NoteNotes, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) if the Notes are being redeemed in part, the method of the Trustee for selecting the Notes for redemption, which shall be as follows:
(A) if the relevant Notes are listed on any national securities exchange, in compliance with the requirements of such exchange on which the Notes are listed; or
(B) on a pro rata basis, by lot or by such other method as the Trustee considers fair and appropriate, unless otherwise required by law or applicable stock exchange requirements; and in either case, not in parts of $2,000 or less;
(5) the name and address of the Paying Agent;
(56) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceapplicable Redemption Price;
(67) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateapplicable Redemption Date;
(7) 8) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ written request, the Trustee shall will give the notice of redemption in the Company’s Issuers’ name and at its the Issuers’ expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information (or a shorter period as agreed to by the Trustee) to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedthis Section 3.03 above.
Appears in 4 contracts
Samples: Indenture (Forbes Energy Services Ltd.), Notes Purchase Agreement (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.)
Notice of Redemption. At least 10 15 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, send a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice issued is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereofIndenture. The notice will shall identify the Notes (including CUSIP Numbers) to be redeemed and will shall state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will (so long as such amount is in a denomination of $1,000 or minimum integral multiples of $1,000 in excess thereof) shall be issued in the name of the Holder of such Notes upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has shall have delivered to the Trustee, at least four (4) Business Days 30 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and providing a form setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 4 contracts
Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Indenture (Boyd Acquisition I, LLC)
Notice of Redemption. At least 10 20 days but not more than 60 days before a redemption dateRedemption Date of an Optional Redemption or a Change in Tax Redemption, the Company Issuer shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption to each Holder holder whose Notes are to be redeemed redeemed, at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if such holder’s address shown on the notice is issued in connection with a defeasance of Register maintained by the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereofRegistrar. The notice will shall identify the Notes to be redeemed and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofRedemption Price;
(3) the series of Notes being called for redemption;
(4) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes of the same series in principal amount equal to the unredeemed portion will be issued upon cancellation in the name of the original Note;
(4) the name and address of the Paying Agentholder thereof;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(6) thatthat interest and Additional Interest, unless the Company defaults in making such redemption paymentif applicable, interest on Notes called for redemption and for which funds have been set apart for payment, ceases to accrue on and after the redemption dateRedemption Date (unless the Issuer and the Guarantors default in the payment of the Redemption Price);
(7) the paragraph of the Notes and/or Section of this Indenture Article III pursuant to which the Notes called for redemption are being redeemed;
(8) the aggregate principal amount of Notes of the relevant series (if less than all) that are being redeemed;
(9) the CUSIP number of the Notes (provided that the disclaimer permitted by Section 2.12 may be made);
(10) the name and address of the Paying Agent;
(11) that Notes called for redemption may be converted at any time prior to the close of business on the last Trading Day immediately preceding the Redemption Date and if not converted prior to the close of business on such date, the right of conversion will be lost; and
(8) 12) that no representation in the case of Notes or portions thereof called for redemption on a date that is made as to also an Interest Payment Date, the correctness or accuracy of the CUSIP numberinterest payment and Additional Interest, if any, listed due on such date shall be paid to the person in whose name the Note is registered at the close of business on the relevant Regular Record Date. 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 printed on any defect in the Notesnotice to the holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any Note. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 4 contracts
Samples: Indenture (Nortel Networks Corp), Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD)
Notice of Redemption. At least 10 thirty (30) days but not more than 60 sixty (60) days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 9 or 11 13 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) the Conversion Price;
(4) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original NoteNote (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made);
(45) the name and address of the Paying Agent and the Conversion Agent;
(56) that Holders who wish to convert Notes must comply with the procedures in Article 4 of this Indenture;
(7) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) 8) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(79) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) 10) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four forty-five (445) Business Days days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 4 contracts
Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)
Notice of Redemption. At least 10 days but not more than 60 days before a redemption datethe Redemption Date, the Company shall mail Issuer will send or cause to be mailedsent, by electronic delivery or by first class mail or delivered electronicallypostage prepaid, a notice of redemption to each Holder (with a copy to the Trustee) whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security register or otherwise in accordance with the applicable procedures of DTC, except that redemption notices may be delivered electronically or mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 VIII or 11 hereofXI hereto. The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP numbernumber or ISIN Code, if any, listed in such notice or printed on the Notes. ; At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company Issuer has delivered to the Trustee, at least four three (43) Business Days (or if any of the Notes to be redeemed are in definitive form, five (5) Business Days) prior to the date such on which the Issuer instructs the Trustee to give the notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any Notice of any redemption and notice thereof of the Notes may, in at the CompanyIssuer’s discretion, be given prior to the completion of a transaction (including but not limited to an Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice may, at the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of a related transaction. If a such redemption notice or purchase is so subject to satisfaction of one or more conditions precedent, precedent such notice will shall describe each such condition, and if applicable, shall state that, at in the CompanyIssuer’s discretion, the redemption date 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 are shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. In addition, the Issuer may provide in such notice that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person.
Appears in 4 contracts
Samples: Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.)
Notice of Redemption. At least 10 days but not 30 days, and no more than 60 days days, before a redemption dateRedemption Date, the Company Issuer shall mail mail, or cause to be mailed, by first class mail or delivered electronically, a notice of redemption by first-class mail to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed his or delivered more than 60 days prior to a redemption date if her last address as the notice is issued in connection with a defeasance of same appears on the Notes or a satisfaction and discharge of this Indenture registry books maintained by the Registrar pursuant to Articles 8 or 11 hereofSection 2.04. The notice will shall identify the Notes to be redeemed (including the CUSIP numbers thereof) and will shall state:
(1a) the redemption dateRedemption Date;
(2b) the redemption price or, where appropriate calculation of the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3c) if any Note is being redeemed in partfewer than all outstanding Notes are to be redeemed, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date and upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteissued;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, that unless the Company Issuer defaults in making such the redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7g) the which subsection of paragraph 5 of the Notes and/or Section is the provision of this Indenture the Notes pursuant to which the Notes called for redemption are being redeemedis occurring; and
(8) h) the aggregate principal amount of Notes 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 Notesare being redeemed. At the CompanyIssuer’s requestwritten request made at least five Business Days prior to the date on which notice is to be given, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Notice of Redemption. At least 10 days but not 30 days, and no more than 60 days days, before a redemption dateRedemption Date, the Company Issuer shall mail send, or cause to be mailed, by first class mail or delivered electronicallysent, a notice of redemption electronically or by first-class mail to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed his or delivered more than 60 days prior to a redemption date if her last address as the notice is issued in connection with a defeasance of same appears on the Notes or a satisfaction and discharge of this Indenture registry books maintained by the Registrar pursuant to Articles 8 or 11 hereofSection 2.06. The notice will shall identify the Notes to be redeemed (including the CUSIP, ISIN and/or Common Code numbers thereof) and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where and the redemption price cannot amount of premium and accrued interest to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date and upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteissued;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, that unless the Company Issuer defaults in making such the redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) that paragraph 5 or paragraph 6 of the paragraph Notes, as applicable, is the provision of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedis occurring; and
(8) the aggregate principal amount of such Notes 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 Notesare being redeemed. At the CompanyIssuer’s requestwritten request made at least five Business Days prior to the date on which notice is to be given (or such shorter period acceptable to the Trustee), the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided. For Notes which are represented by global certificates held on behalf of Euroclear or Clearstream, howevernotices may be given by delivery of the relevant notices to Euroclear or Clearstream for communication to entitled account holders in substitution for the aforesaid mailing. So long as any Notes are listed on the Official List of the Luxembourg Stock Exchange and admitted for trading on the Euro MTF Market, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date any such notice of redemption is to be distributed to the Holders (or such shorter period as of the Trustee relevant Notes shall also be published in its sole discretion may allow)a newspaper having a general circulation in Luxembourg or, an Officers’ Certificate requesting that to the Trustee give such notice extent and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof maymanner permitted by such rules, posted on the official website of the Luxembourg Stock Exchange and, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretionconnection with any redemption, the redemption date may be delayed until such time as Issuer will notify the Luxembourg Stock Exchange of any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded change in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedprincipal amount of Notes outstanding.
Appears in 3 contracts
Samples: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 days but not more than 60 days before a redemption date, and with respect to a Special Mandatory Redemption, subject to the provisions of Section 3.10 hereof and at least three days and no later than 30 days before the Special Mandatory Redemption Date, the Company shall mail will deliver or cause to be maileddelivered, by first class mail or delivered electronicallyelectronic delivery, as applicable, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;price;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;Note;
(4) the name and address of the Paying Agent;Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;price;
(6) thatthat upon the satisfaction of any conditions to such redemption set forth in the notice of redemption, and unless the Company defaults Issuers default in making such redemption payment, interest on the Notes called for redemption ceases to accrue on and after the redemption date;date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. Any redemption of the Notes, other than a Special Mandatory Redemption, or any purchase of the Notes, including in connection with an Equity Offering or an Offer to Purchase upon a Change of Control, with the Net Cash Proceeds of an Asset Sale or in connection with another transaction (or series of related transactions) or event, including any financing, may, at the Issuers’ option, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related Equity Offering, Change of Control, Asset Sale or other transaction or event, as the case may be, and notice of such redemption or purchase may be given prior to the completion or the occurrence of the related Equity Offering, Change of Control, Asset Sale or other transaction or event. In addition, if such redemption or purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the date of redemption or purchase may be delayed until such time (including more than 60 days after the date the notice of redemption or purchase was sent) as any or all such conditions shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the date of redemption or purchase, or by the date of redemption or purchase as so delayed, or such notice may be rescinded at any time in the Issuers’ discretion if in the good faith judgment of the Issuers any or all of such conditions will not be satisfied. In addition, the Issuers may provide in such notice that payment of the redemption or purchase price and performance of its obligations with respect to such redemption or purchase may be performed by another Person. In any such case, the Issuers shall provide prompt written notice to the Trustee at least three Business Days prior to the redemption date rescinding such redemption in the event that any such conditions precedent shall not have been (or will not be) satisfied, and such redemption and notice of redemption shall then be rescinded and of no force and effect. Upon receipt of such notice from the Issuers rescinding such redemption, the Trustee shall promptly send a copy of such notice to the Holders of the Notes to be redeemed in the same manner in which the notice of redemption was given. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its expense; their expense; provided, however, that the Company has delivered to the Trustee, at least four 15 days prior (4or such shorter period of time as the Trustee may agree) to the redemption date, or with respect to a Special Mandatory Redemption, at least three Business Days prior to the date such notice of redemption Special Mandatory Redemption is to be distributed to the Holders given (or such shorter period of time as the Trustee in its sole discretion may allowagree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedparagraphs.
Appears in 3 contracts
Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereof12 of this Indenture. Notices of redemption may not be conditional. The notice will identify the Notes Note(s) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s 's request, the Trustee shall will give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Officer's Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: First Priority Secured Floating Rate Notes Indenture (Calpine Corp), Third Priority Secured Notes Indenture (Delta Energy Center, LLC), Third Priority Secured Notes Indenture (Calpine Corp)
Notice of Redemption. (a) At least 10 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail Issuers will send or cause to be mailedsent, by electronic delivery or, at the Issuers’ option, by first class mail or delivered electronicallypostage prepaid, a notice of redemption to each Holder (with a copy to the Trustee) whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security register or otherwise in accordance with the applicable procedures of DTC, except that redemption notices may be delivered electronically or mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 VIII or 11 XI hereof. ; provided, however, that in the case of any redemption made pursuant to Section 5.7(d), no such notice of redemption will be given (i) earlier than 90 days prior to the earliest date on which the Issuers would be obliged to make such payment of Additional Amounts or withholding if a payment in respect of the Notes were then due and (ii) unless at the time such notice is given, the obligation to pay Additional Amounts remains in effect.
(b) The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest and Additional Amounts, if any, on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of ; and
(9) if such redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will shall state that, at in the Company’s Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions are satisfiedshall be satisfied (or waived by the Issuers in their 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 not been satisfied (or waived by the redemption date, Issuers in their sole discretion) by the Redemption Date or by the redemption date Redemption Date so delayed.
(c) If any Note is to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed, in which case a portion of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. In the case of a global note, an appropriate notation will be made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. Subject to the terms of the applicable redemption notice (including any conditions contained therein), Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Date, unless the Issuers default in the payment of the redemption price, interest ceases to accrue on Notes or portions of them called for redemption.
(d) At the Issuers’ request, the Trustee will give the notice of redemption in the Issuers’ name and at their expense; provided, however, that the Issuers’ have delivered to the Trustee, at least five Business Days (or such shorter period as may be agreed to by the Trustee) before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 5.3, an Officer’s Certificate requesting that the Trustee give such notice, which shall include a form of the notice setting forth the information provided in the preceding paragraphs of this Section 5.3.
Appears in 3 contracts
Samples: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, mailed by first class mail or delivered electronically, electronically a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that (i) redemption notices may be mailed or delivered electronically at least 10 days prior to the redemption date if the notice is issued in connection with a redemption pursuant to Section 3.07(c) hereof and (ii) redemption notices may be mailed or delivered electronically more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 10 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail (or delivered electronicallyotherwise cause to be transmitted in accordance with the Applicable Procedures), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption paymentpayment and, subject to satisfaction of the conditions specified therein, if any, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) any conditions to such redemption;
(8) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 10 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)
Notice of Redemption. At least 10 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail Issuers will send or cause to be mailedsent, by first class mail or delivered electronicallyin the manner provided in Section 12.02 hereof, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price orprice, where the redemption price cannot be calculated at the time of such noticeif then determinable, the and, if not, then a method of calculation thereoffor determination;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest and Liquidated Damages, if any, on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) five Business Days prior to the date of giving such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)notice, 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date Such Officers’ Certificate may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded combined with the Officers’ Certificate referred to in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedSection 3.01.
Appears in 3 contracts
Samples: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall mail will send or cause to be mailedsent, by electronic delivery or by first class mail or delivered electronicallypostage prepaid, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued address of such Holder appearing in connection with a defeasance of the Notes Register or a satisfaction and discharge otherwise in accordance with the procedures of this Indenture pursuant to Articles 8 or 11 hereofDTC. The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest and Additional Interest, if any, on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 40 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (IAA Spinco Inc.), Indenture (KAR Auction Services, Inc.), Indenture (Avis Budget Group, Inc.)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereof12. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued in the name of the Holder upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption (unless a shorter period is to be distributed acceptable to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Cheniere Energy Partners, L.P.), Indenture (Cheniere Energy Inc), Indenture (Cheniere Energy Partners, L.P.)
Notice of Redemption. At Subject to the provisions of Section 3.11 hereof, at least 10 30 days but not more than 60 days before a redemption date, if the Notes are Definitive Notes, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address or, if the Notes are Global Notes, the Company will send or cause to be sent, an electronic notice or redemption to each Holder whose Notes are to be redeemed at its registered electronic address, except that in either case redemption notices may be mailed or delivered sent, as applicable, more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Definitive Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Angiotech America, Inc.), Indenture (Angiotech Pharmaceuticals Inc), Indenture (Angiotech Pharmaceuticals Inc)
Notice of Redemption. At least 10 days but not 30 days, and no more than 60 days days, before a redemption dateRedemption Date, the Company Issuer shall mail or mail, cause to be mailed, by first class mail or delivered electronicallyelectronically if held by the Depository, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresshis or her last address as the same appears on the registry books maintained by the Registrar pursuant to Section 2.04, except that redemption notices may be mailed mailed, or delivered electronically if held by the Depository, more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant Indenture. If the Issuer mails such notice to Articles 8 or 11 hereofHolders, it shall mail a copy of such notice to the Trustee at the same time. The notice will shall identify the Notes to be redeemed (including the CUSIP numbers, ISIN and will Common Code numbers, if any thereof) and shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where and the amount of premium (or the manner of calculation the redemption price cannot and/or premium) and accrued interest to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date and upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Noteissued;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, that unless the Company Issuer defaults in making such the redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) that the Notes are being redeemed pursuant to paragraph 6 of the Notes;
(8) the aggregate principal amount of Notes and/or Section of this Indenture pursuant to which the Notes called for redemption that are being redeemed; and
(8) that no representation 9) if the redemption is made as to the correctness or accuracy conditional, a description of the CUSIP number, if any, listed in applicable conditions and the date by which such notice or printed on the Notesconditions are expected to be satisfied. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, written request made at least four (4) five Business Days prior to the date such on which notice of redemption is to be distributed to the Holders given (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Certificate requesting that the Trustee shall give such the notice and setting forth of redemption prepared by the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof mayIssuer, in the CompanyIssuer’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, name and at the CompanyIssuer’s discretionsole expense. In such event, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in Issuer shall provide the event that any or all such conditions have not been satisfied Trustee with the information required by the redemption date, or by the redemption date so delayedthis Section 3.03.
Appears in 3 contracts
Samples: Indenture (Match Group, Inc.), Indenture (Iac/Interactivecorp), Indenture (Match Group, Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall Issuer will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where (if then determined and otherwise the redemption price cannot be calculated at the time of such notice, the method of calculation thereofbasis for its determination);
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or in Section 3.07 of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company Issuer has delivered to the Trustee, at least four (4) five Business Days prior to the date giving of such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)redemption, 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof12 of this Indenture. The notice will identify the Notes to be redeemed (including the CUSIP or ISIN number) and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s 's request, the Trustee shall will give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Metaldyne Corp), Indenture (Er Acquisition Corp), Indenture (Trimas Corp)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, mailed by first class mail or delivered electronically, electronically a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered electronically more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail Issuers will send or cause to be mailedsent, by first class mail or delivered electronicallyin the manner provided in Section 12.02 hereof, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes of either series or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price orprice, where the redemption price cannot be calculated at the time of such noticeif then determinable, the and, if not, then a method of calculation thereoffor determination;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes of the relevant series in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest and Liquidated Damages, if any, on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) five Business Days prior to the date of giving such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)notice, 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date Such Officers’ Certificate may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded combined with the Officers’ Certificate referred to in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedSection 3.01.
Appears in 3 contracts
Samples: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Corp.)
Notice of Redemption. At Subject to the provisions of Section 3.09, at least 10 15 days but not more than 60 days before a redemption date, the Company shall mail Issuers will send or cause to be mailedsent in accordance with the Applicable Procedures, or by first class mail or delivered electronicallywith respect to Definitive Notes, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof11. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued (or transferred by book entry) upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(9) any conditions precedent to such redemption in reasonable detail. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s Issuers’ name and at its expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to (unless a shorter period shall be distributed satisfactory to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and together with the notice to be given setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and or notice thereof of any redemption may, in at the Company’s Issuers’ discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state thatincluding, but not limited to, completion of an Equity Offering, other debt or equity financing, acquisition or other corporate transaction or event, and, at the Company’s Issuers’ discretion, the redemption date may be delayed until such time as any or all of such conditions are satisfiedhave been satisfied (or waived by the Issuers in their sole discretion). In addition, or the Issuers may provide in any notice of redemption that payment of the redemption price and the performance of the Issuers’ obligations with respect to such redemption may not occur be performed by another Person; provided, however, that the Issuers will remain obligated to pay the redemption price and perform their obligations with respect to such notice may be rescinded redemption in the event that such other Person fails to do so. Notice of any or all redemption in respect of an Equity Offering may be given prior to completion thereof. If such conditions have condition precedent to such redemption has not been satisfied by satisfied, the redemption date, or by Issuers will provide notice to the Trustee not less than two Business Days prior to the redemption date so delayedthat such condition precedent has not been satisfied. The Trustee shall promptly send a copy of such notice to the Holders of the Notes.
Appears in 3 contracts
Samples: Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Nutrition Ltd.)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail Issuers will send or cause to be mailedsent, by first class mail or delivered electronicallyin the manner provided in Section 12.02 hereof, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price orprice, where the redemption price cannot be calculated at the time of such noticeif then determinable, the and, if not, then a method of calculation thereoffor determination;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest and Liquidated Damages, if any, on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) five Business Days prior to the date of giving such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)notice, 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date Such Officers’ Certificate may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded combined with the Officers’ Certificate referred to in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedSection 3.01.
Appears in 3 contracts
Samples: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP)
Notice of Redemption. At least 10 30 days but not more than 60 days before the Redemption Date, the Company, or the Trustee at the Company’s direction, shall mail a notice of redemption dateby first-class mail to each Holder of Notes to be redeemed at such Holder’s registered address; provided that in the event the Trustee is to mail such notice, the Company shall mail or cause deliver to be mailedthe Trustee, by first class mail or delivered electronically, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 least 30 days prior to the Redemption Date (unless the Trustee consents to a redemption date if shorter period), an Officer’s Certificate requesting that the Trustee give such notice is issued and setting forth the information to be stated in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereofsuch notice as provided below. The notice will shall identify the Notes to be redeemed and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where and the redemption price cannot be calculated at amount of accrued and unpaid interest to the time of such notice, the method of calculation thereof;Redemption Date
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(54) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(65) thatthat on the Redemption Date, the redemption price will become due and payable upon each such Note, and, unless the Company defaults in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(76) the paragraph of CUSIP number, if any, printed on the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) 7) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. The Company may provide in such notice that payment of the redemption price and the performance of the Company’s obligations with respect to such redemption may be performed by another Person. 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 Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedentexpense. If a redemption notice is subject to satisfaction of one or more conditions precedent, In such notice will state that, at the Company’s discretionevent, the redemption date may be delayed until such time as any or all such conditions are satisfiedCompany shall provide the Trustee with the information, or such redemption may not occur and such notice may be rescinded in along with a form of the event that any or all such conditions have not been satisfied notice, required by the redemption date, or by the redemption date so delayedthis Section.
Appears in 3 contracts
Samples: Indenture (Otelco Inc.), Indenture (Otelco Telecommunications LLC), Indenture (Brindlee Mountain Telephone Co)
Notice of Redemption. At least 10 15 days but not more than 60 days before a redemption date, the Company shall Issuer will mail or cause to be mailed, by first class mail (or delivered electronicallysent electronically if DTC is the recipient), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereof11. The notice will identify the Notes to be redeemed and will state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, (if then determined and otherwise the method of calculation thereofdetermination);
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued in the name of the Holder thereof upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes or portions thereof called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes; and
(i) any conditions precedent to such redemption. At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name names and at its the Issuer’s expense; provided, however, that the Company has Officers’ Certificate delivered to the Trustee, at least four (4) Business Days prior Trustee pursuant to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officers’ Certificate requesting Section 3.01 requests that the Trustee give such notice and setting sets forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 3 contracts
Samples: Indenture (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)
Notice of Redemption. At least 10 days but not more than 60 days before a redemption date, the Company shall mail Issuers will deliver or cause to be maileddelivered, by first class mail or delivered electronicallyelectronic delivery, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except ; provided that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) thatthat upon the satisfaction of any conditions to such redemption set forth in the notice of redemption, and unless the Company defaults Issuers default in making such redemption payment, interest on the Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. Any redemption of the Notes or any purchase of the Notes, including in connection with an Equity Offering or an Offer to Purchase upon a Change of Control Triggering Event, with the Net Cash Proceeds of an Asset Sale or in connection with another transaction (or series of related transactions) or event, including any financing, may, at the Issuers’ option, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related Equity Offering, Change of Control Triggering Event, Asset Sale or other transaction or event, as the case may be, and notice of such redemption or purchase may be given prior to the completion or the occurrence of the related Equity Offering, Change of Control Triggering Event, Asset Sale or other transaction or event. In addition, if such redemption or purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the date of redemption or purchase may be delayed until such time (including more than 60 days after the date the notice of redemption or purchase was sent) as any or all such conditions shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the date of redemption or purchase, or by the date of redemption or purchase as so delayed, or such notice may be rescinded at any time in the Issuers’ discretion if in the good faith judgment of the Issuers any or all of such conditions will not be satisfied. In addition, the Issuers may provide in such notice that payment of the redemption or purchase price and performance of its obligations with respect to such redemption or purchase may be performed by another Person. In any such case, the Issuers shall provide prompt written notice to the Trustee at least two Business Days prior to the redemption date rescinding such redemption in the event that any such conditions precedent shall not have been (or will not be) satisfied, and such redemption and notice of redemption shall then be rescinded and of no force and effect. Upon receipt of such notice from the Issuers rescinding such redemption, the Trustee shall promptly send a copy of such notice to the Holders to be redeemed in the same manner in which the notice of redemption was given. At the Company’s Issuers’ written request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its their expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 15 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period of time as the Trustee in its sole discretion may allow)agree) to the redemption date, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedparagraphs.
Appears in 2 contracts
Samples: Indenture (Park Hotels & Resorts Inc.), Indenture (Park Hotels & Resorts Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09, at least 10 30 days but not more than 60 days before a redemption date, the Company Issuer shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof12 of this Indenture. The notice will shall identify the Notes to be redeemed (including CUSIP Number(s)) and will shall state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption payment, interest and Additional Interest, if any, on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company Issuer has delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as to which the Trustee in its sole discretion may allowagree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Symbion Inc/Tn), Indenture (Usp Mission Hills, Inc.)
Notice of Redemption. At least 10 days but not 30 days, and no more than 60 days days, before a redemption dateRedemption Date, the Company Issuer shall mail or mail, cause to be mailed, by first class mail or delivered electronicallyelectronically if held by DTC, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresshis or her last address as the same appears on the registry books maintained by the Registrar pursuant to Section 2.04, except that redemption notices may be mailed mailed, or delivered electronically if held by DTC, more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant Indenture. If the Issuer mails such notice to Articles 8 or 11 hereofHolders, it shall mail a copy of such notice to the Trustee at the same time. The notice will shall identify the Notes to be redeemed (including the CUSIP numbers, ISIN and will Common Code numbers, if any thereof) and shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where and the amount of premium (or the manner of calculation the redemption price cannot and/or premium) and accrued interest to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date and upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Noteissued;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, that unless the Company Issuer defaults in making such the redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) that the Notes are being redeemed pursuant to paragraph 6 of the Notes;
(8) the aggregate principal amount of Notes and/or Section of this Indenture pursuant to which the Notes called for redemption that are being redeemed; and
(8) that no representation 9) if the redemption is made as to the correctness or accuracy conditional, a description of the CUSIP number, if any, listed in applicable conditions and the date by which such notice or printed on the Notesconditions are expected to be satisfied. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, written request made at least four (4) five Business Days prior to the date such on which notice of redemption is to be distributed to the Holders given (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Certificate requesting that the Trustee shall give such the notice and setting forth of redemption prepared by the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof mayIssuer, in the CompanyIssuer’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, name and at the CompanyIssuer’s discretionsole expense. In such event, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in Issuer shall provide the event that any or all such conditions have not been satisfied Trustee with the information required by the redemption date, or by the redemption date so delayedthis Section 3.03.
Appears in 2 contracts
Samples: Indenture (Iac/Interactivecorp), Indenture (Match Group, Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall Issuers will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. Any redemption or notice of redemption may, at the Issuers’ discretion, be subject to one or more conditions precedent and, in the case of a redemption with the net cash proceeds of an Equity Offering, be given prior to the completion of the related Equity Offering. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price orprice, where the redemption price cannot be calculated at the time of such noticeif then determinable, the and, if not, then a method of calculation thereoffor determination;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) Business Days 35 days prior to the date such notice of redemption is to be distributed to the Holders Redemption Date (or such shorter time period as the Trustee in its sole discretion may allowagree), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Tesoro Corp /New/), Indenture (Tesoro Logistics Lp)
Notice of Redemption. At Subject to the provisions of Section 3.09, at least 10 days but not more than 60 days before a redemption date, the Company shall mail will send or cause to be mailedsent in accordance with the Applicable Procedures, or by first class mail or delivered electronicallywith respect to Definitive Notes, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof11. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued (or transferred by book entry) upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(9) any conditions precedent to such redemption in reasonable detail. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 10 days prior to the redemption date such notice of redemption is to (unless a shorter period shall be distributed satisfactory to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and together with the notice to be given setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and or notice thereof of any redemption may, in at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state thatincluding, but not limited to, a Change of Control transaction, completion of an Equity Offering, other debt or equity financing, acquisition or other corporate transaction or event (or series of related transactions), and, at the Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date of the notice of redemption) as any or all of such conditions are satisfiedhave been satisfied or waived, or such redemption may not occur and such notice may be rescinded at any time in the Company’s discretion if in the good faith judgment of the Company any or all of such conditions will not be satisfied or waived. In addition, the Company may provide in any notice of redemption that payment of the redemption price and the performance of its obligations with respect to such redemption may be performed by another Person; provided, however, that the Company will remain obligated to pay the redemption price and perform its obligations with respect to such redemption in the event that such other Person fails to do so. Notice of any redemption in respect of a Change of Control transaction, an Equity Offering, other debt or all equity financing, acquisition or other corporate transaction or event may be given prior to completion thereof. Any such conditions have not been satisfied by condition precedent will be described in the notice of redemption in reasonable detail. If any notice of redemption is rescinded as provided above, the Company will provide notice to the Trustee as promptly as reasonably practicable, but in any event no later than 11:00 a.m. Eastern Time on the redemption date, or by that such notice of redemption is rescinded and the redemption date so delayedsubject to the satisfaction of such condition precedent shall not occur. The Trustee shall promptly send a copy of such notice to the Holders. The Trustee will not be responsible or liable for determining, confirming or verifying the redemption price.
Appears in 2 contracts
Samples: Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)
Notice of Redemption. At least 10 days but not more than 60 90 days before a redemption dateRedemption Date, the Company shall mail mail, or cause to be mailed, by first class mail or delivered electronically, a notice of redemption by first-class mail to the Trustee and to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed his or delivered more than 60 days prior to a redemption date if her last address as the notice is issued in connection with a defeasance of same appears on the Notes or a satisfaction and discharge of this Indenture registry books maintained by the Registrar pursuant to Articles 8 or 11 Section 2.03 hereof. The notice will shall identify the Notes to be redeemed (including the CUSIP number(s) thereof) and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where (unless Notes are being redeemed pursuant to paragraph 6(b) of the Notes in which case the notice need only include the appropriate calculation of the redemption price canand not be calculated at the time of such notice, the method of calculation thereofredemption price itself);
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date and upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteissued;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, that unless the Company defaults in making such the redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) the aggregate principal amount of Notes 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 Notesare being redeemed. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's sole expense; provided, however, that . The actual redemption price with respect to Notes being redeemed pursuant to paragraph 6(b) of the Company has Notes must be set forth in an Officers' Certificate delivered to the Trustee, at least four (4) Business Days Trustee no later than two business days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company Trustee, in the name and at the expense of the Company, shall mail or cause notice of redemption to be mailed, by first first-class mail or delivered electronicallypostage prepaid, a notice of redemption to each Holder whose Notes are of Securities to be redeemed at its registered addresshis address as it appears on the list of Securityholders maintained pursuant to Section 2.05. At the Company's written request, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued Trustee shall, in connection with a defeasance the name and at the expense of the Notes or Company, cause a satisfaction and discharge similar notice to be published at least once in an Authorized Newspaper in each place of this Indenture pursuant to Articles 8 or 11 hereofpayment. The notice will shall identify the Notes Securities to be redeemed and will shall state:
(1) the redemption dateRedemption Date (upon which the Redemption Price shall be paid);
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofRedemption Price;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original NoteConversion Rate;
(4) the name and address of the Paying AgentAgent and Conversion Agent and of the office or agency referred to in Section 4.05;
(5) that Notes Securities called for redemption may be converted at any time before the close of business on the Redemption Date;
(6) that Holders who want to convert Securities must satisfy the requirements set forth in paragraph 8 of the Securities;
(7) that Securities called for redemption must be surrendered to the Paying Agent or at the office or agency referred to in Section 4.05 to collect the redemption priceRedemption Price;
(68) the CUSIP number of the Securities;
(9) if fewer than all the outstanding Securities are to be redeemed, the certificate numbers and Principal Amounts of the particular Securities to be redeemed; and
(10) that, unless the Company defaults in making such redemption paymentpayment of the Redemption Price, interest Original Issue Discount on Notes Securities called for redemption ceases and interest, if any, will cease to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the NotesRedemption Date. At the Company’s 's written request, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's expense; provided, however, provided that the Company has delivered to the Trustee, makes such request at least four (4) three Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedredemption.
Appears in 2 contracts
Samples: Indenture (Talk Radio Network Inc), Indenture (Multiverse Acquisition Corp)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall Issuers will mail or cause to be mailed, by first first-class mail (or delivered electronicallytransmitted otherwise in accordance with the applicable procedures of DTC), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateCUSIP number;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofdate;
(3) the redemption price;
(4) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(45) the name and address of the Paying Agent;
(56) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(67) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) 8) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name of the Issuers and at its their expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders 45 days (or such shorter period periods as the Trustee in its sole discretion may allow)shall agree) prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption paragraph and notice thereof may, in the Company’s discretion, be subject stating that all conditions precedent to the satisfaction giving of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedcomplied with.
Appears in 2 contracts
Samples: Indenture (Interface Security Systems, L.L.C.), Indenture (Interface Security Systems Holdings Inc)
Notice of Redemption. At least 10 days but not 30 days, and no more than 60 days days, before a redemption dateRedemption Date, the Company Issuer shall mail mail, or cause to be mailed, by first class mail or delivered electronically, a notice of redemption by first-class mail to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed his or delivered more than 60 days prior to a redemption date if her last address as the notice is issued in connection with a defeasance of same appears on the Notes or a satisfaction and discharge of this Indenture registry books maintained by the Registrar pursuant to Articles 8 or 11 hereofSection 2.04. The notice will shall identify the Notes to be redeemed (including the CUSIP or ISIN numbers thereof, if any) and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price orand the amount of premium, where the redemption price cannot if any, and accrued and unpaid interest to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date and upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Noteissued;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, that unless the Company Issuer defaults in making such the redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section provision of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(8) the aggregate principal amount of Notes that are being redeemed; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes. At the CompanyIssuer’s requestwritten request made at least two Business Days prior to the date on which notice is to be given, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided, however, that the Company has delivered Issuer shall deliver to the Trustee, Trustee at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), Redemption Date an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc)
Notice of Redemption. At Subject to the provisions of Sections 3.10 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall Issuers will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method (or manner of calculation thereofif not then known);
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company either Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Companyeach Issuer’s name and at its expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such (unless a shorter notice of redemption is to shall be distributed satisfactory to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any paragraph along with a copy of the redemption and notice thereof may, in the Company’s discretion, to be subject delivered to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedHolders.
Appears in 2 contracts
Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company Issuer shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption by first class mail, postage prepaid, to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture Indenture, in each case in accordance with the applicable provisions of Article VIII. At the Issuer’s request, the Trustee shall forward the notice of redemption in the Issuer’s name and at the Issuer’s expense; provided that in such case, the Trustee has received notice from the Issuer at least 35 days, but not more than 60 days (only with respect to notices to which the 60-day period applies pursuant to Articles 8 the immediately preceding sentence), before a Redemption Date (unless a shorter notice shall be agreed to in writing by the Trustee). Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Date, interest ceases to accrue on Notes or 11 hereofportions of them called for redemption. The Each notice will of redemption shall identify the Notes (including the CUSIP number) to be redeemed and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price orRedemption Price and the amount of accrued interest, where the redemption price cannot if any, to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) the name and address of the Paying Agent;
(4) that Notes called for redemption must be surrendered to the Paying Agent to collect the Redemption Price, plus accrued interest, if any;
(5) that, unless the Issuer defaults in making the redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Notes redeemed;
(6) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date, and upon surrender of such Note, a new Note or Notes in aggregate principal amount equal to the unredeemed portion will thereof shall be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateissued;
(7) if fewer than all the paragraph Notes are to be redeemed, the identification of the particular Notes and/or Section of this Indenture pursuant (or portion thereof) to which be redeemed or the method for selecting the Notes called for redemption are being redeemed; andto be redeemed in accordance with Section 3.02, as well as the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption;
(8) the CUSIP Number, ISIN or “Common Code” number, if any, printed on the Notes being redeemed;
(9) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN or “Common Code” number, if any, listed in such notice or printed on the Notes; and
(10) the Section of the Notes pursuant to which the Notes are to be redeemed. At the Company’s requestThe notice, the Trustee shall give the notice of redemption if mailed in the Company’s name and at its expense; a manner herein provided, howevershall be conclusively presumed to have been given, that whether or not the Company has delivered Holder receives such notice. In any case, failure to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided by mail or any defect in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction Holder of one any Note designated for redemption in whole or more conditions precedent. If a redemption notice is subject to satisfaction in part shall not affect the validity of one or more conditions precedent, such notice will state that, at the Company’s discretion, proceedings for the redemption date may be delayed until such time as of any or all such conditions are satisfiedother Note. Unless otherwise specifically provided herein, or such notices of redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedconditional.
Appears in 2 contracts
Samples: Indenture (Warner Chilcott CORP), Indenture (PQ Systems INC)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall Issuer will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 7 or 11 10 hereof. The notice will identify the Notes (including CUSIP Numbers) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price orfor the 2019 Notes and/or the 2021 Notes, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofas applicable;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP numbernumbers, if any, listed in such notice or printed on the Notes. At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its their expense; provided, however, that the Company Issuer has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Supplemental Indenture (Massey Energy Co), Supplemental Indenture (Alpha Natural Resources, Inc.)
Notice of Redemption. At least 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice Notice of redemption to each Holder whose Notes are to the Holders of Registered Securities of any series shall be redeemed at its registered addressgiven by first-class mail, except that redemption notices may be postage prepaid, mailed or delivered not less than 30 nor more than 60 days prior to the Redemption Date, to each Holder of Securities of such series to be redeemed, at the address of such Holder appearing in the Security register maintained by the Registrar. Notice of redemption to the Holders of Unregistered Securities of any series to be redeemed as a whole or in part who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act, shall be given by mailing notice of such redemption, by first class mail, postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption, to such Holders at such addresses as were so furnished to the Trustee (and, in the case of any such notice given by the Company, the Trustee shall make such information available to the Company for such purpose). Notice of redemption to all other Holders of Unregistered Securities of any series to be redeemed as a whole or in part shall be published in an Authorized Newspaper in The City of New York or with respect to any Security the interest on which is based on the offered quotations in the interbank Eurodollar market for dollar deposits in an Authorized Newspaper in London, in each case, once in each of three successive calendar weeks, the first publication to be not less than 30 days nor more than 60 days prior to the date if fixed for redemption. Any notice which is mailed or published in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice is issued to the Holder of any Security of a series designated for redemption as a whole or in connection with a defeasance part shall not affect the validity of the Notes or a satisfaction and discharge proceedings for the redemption of this Indenture pursuant to Articles 8 or 11 hereofany other Security of such series. The notice will All notices of redemption shall identify the Notes Securities of such series to be redeemed and will shall state:
(1a) the redemption dateRedemption Date;
(2b) the redemption price orRedemption Price and the amount of accrued interest, where the redemption price cannot if any, to be calculated at the time of such notice, the method of calculation thereofpaid;
(3c) that, unless the Company defaults in making the redemption payment, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price plus unpaid interest on the Securities through the Redemption Date, upon surrender to the Paying Agent of the Securities redeemed;
(d) if any Note Security of such series is being to be redeemed in part, the portion of the principal amount at maturity (equal to $1,000 or any integral multiple thereof) of such Note Security to be redeemed and that, that on and after the redemption date Redemption Date, upon surrender for cancellation of such NoteSecurity to the Paying Agent, a new Note Security or Notes Securities of such series in the aggregate principal amount at maturity equal to the unredeemed portion thereof will be issued upon cancellation of without charge to the original NoteSecurityholder;
(4) the name and address of the Paying Agent;
(5e) that Notes Securities of such series called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless Redemption Price and the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on name and after the redemption date;
(7) the paragraph address of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedPaying Agent; and
(8) that no representation is made as to the correctness or accuracy of f) the CUSIP or CINS number, if any, listed in relating to such notice or printed on the NotesSecurities. At the Company’s request, the Trustee shall give the notice Notice of redemption in of Securities of any series to be redeemed at the Company’s name and at its expense; provided, however, that election of the Company has delivered to shall be given by the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state thatCompany or, at the Company’s discretion's written request, by the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded Trustee in the event that any or all such conditions have not been satisfied by name and at the redemption date, or by expense of the redemption date so delayedCompany.
Appears in 2 contracts
Samples: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall mail will deliver or cause to be mailed, by first class mail or delivered electronically, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereofredeemed. The notice will identify the Notes to be redeemed redeemed, including the Common Code numbers, and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued in the name of the Holder of such Notes upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP Common Code number, if any, listed in such notice or printed on the Notes. At the Company’s written request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has will have delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allowallow and including, for the avoidance of doubt, in the case of a Special Mandatory Redemption), 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. Any redemption All notices to the Holders of the Notes regarding the Notes will be mailed to them at their respective addresses in the register of the Notes and will be deemed to have been given on the fourth Business Day after the date of mailing. For Notes which are represented by global certificates held on behalf of Euroclear or Clearstream, notices may be given by delivery of the relevant notices to Euroclear or Clearstream for communication to entitled account Holders in substitution for the aforesaid mailing. So long as any Notes are admitted to the Official List of the Irish Stock Exchange and admitted for trading on its Global Exchange Market and the rules of the Irish Stock Exchange so require, any such notice thereof mayto the Holders of the Notes shall also be delivered to the Companies’ Announcements Office of the Irish Stock Exchange and, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretionconnection with any redemption, the redemption date may be delayed until such time as Company will notify the Irish Stock Exchange of any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded change in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedprincipal amount of Notes outstanding.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Ball Corp), Third Supplemental Indenture (Ball Corp)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, send a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereofIndenture. The notice will shall identify the Notes to be redeemed and will shall state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults in making such redemption payment, interest and Additional Interest, if any, on Notes called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has shall have delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption (unless a shorter period is to be distributed acceptable to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, notices of redemption will be delivered by the Company electronically or mailed by first class mail at least 10 days 30 but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security register or otherwise in accordance with the procedures of DTC, except that redemption notices may be delivered electronically or mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(9) whether the redemption is conditioned on any events and what such conditions are. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof of redemption may, in at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, consummation of any related Equity Offering. If a In addition, if such redemption notice or notice. is subject to satisfaction of one or more conditions precedent, such notice will shall state that, at in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Urban One, Inc.), Indenture (Radio One, Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressaddress or otherwise in accordance with the applicable procedures of DTC, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. Any notice of redemption may be subject to one or more conditions precedent. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price orprice, where the redemption price canor if not be calculated at the time of such noticethen ascertainable, the method manner of calculation thereof;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(9) any condition to such redemption. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 10 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as is acceptable to the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Notice of Redemption. At Except as described under Section 3.08, at least 10 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, mailed by first class mail (or delivered electronically, sent electronically if DTC is the recipient) a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, with a copy to the Trustee, except that redemption notices may be mailed or delivered given more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereof. The notice will shall identify the Notes to be redeemed (including the series, issue date, CUSIP number, interest rate, maturity date and will certificate number, if applicable) and state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, (if then determined and otherwise the method of calculation thereofdetermination);
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note[reserved];
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(i) any conditions precedent to the redemption. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its the Company’s expense; provided, however, that the Company has Officer’s Certificate delivered to the Trustee, at least four (4) Business Days prior Trustee pursuant to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officers’ Certificate requesting Section 3.01 hereof requests that the Trustee give such notice and setting sets forth the information to be stated in such notice as provided in the preceding paragraph. Any If such redemption and notice thereof may, in the Company’s discretion, be is subject to the satisfaction of one or more conditions precedent. If a redemption , the related notice is subject to satisfaction of one or more conditions precedentshall describe each such condition, such notice will and if applicable, shall state that, at in the Company’s discretion, the date of redemption date may be delayed until such time as any or all such conditions are satisfiedshall be satisfied or waived (provided that in no event shall such date of redemption be delayed to a date later than 60 days after the date on which such notice was sent), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied or waived by the redemption datedate of redemption, or by the date of redemption date as so delayed. The Company shall provide written notice of the delay of such date of redemption or the rescission of such notice of redemption to the Trustee no later than 10:00 a.m. Eastern Time (subject to DTC procedures) on the date of redemption or the date of redemption as so delayed. Upon receipt of such notice of the delay of such date of redemption or the rescission of such notice of redemption, such date of redemption shall be automatically delayed or such notice of redemption shall be automatically rescinded, as applicable, and the redemption of the Notes to be redeemed shall be automatically delayed or rescinded and cancelled, as applicable, as provided in such notice.
Appears in 2 contracts
Samples: Indenture (HighPeak Energy, Inc.), Indenture (HighPeak Energy, Inc.)
Notice of Redemption. At least 10 days but not more than 60 days before a the redemption date, the Company shall mail Issuers will send or cause to be mailedsent, by electronic delivery or by first class mail or delivered electronicallypostage prepaid, a notice of redemption to each Holder (with a copy to the Trustee) whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security register or otherwise in accordance with the applicable procedures of DTC, except that redemption notices may be delivered electronically or mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 VIII or 11 hereofXI hereto. The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four three (43) Business Days (or if any of the Notes to be redeemed are in definitive form, five (5) Business Days) prior to the date such on which the Issuers instruct the Trustee to give the notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any Notice of any optional redemption and notice thereof of the Notes may, in at the Company’s Issuers’ discretion, be given prior to the completion of a transaction (including but not limited to an Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice may, at the Issuers’ discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of a related transaction. If a such redemption notice or purchase is so subject to satisfaction of one or more conditions precedent, precedent such notice will shall describe each such condition, and if applicable, shall state that, at in the Company’s Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions are shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied by the redemption date, or by the redemption date as so delayed. In addition, the Issuers may provide in such notice that payment of the redemption price and performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 2 contracts
Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen Inc.)
Notice of Redemption. (a) At least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to the Trustee and each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes (including CUSIP Numbers) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original NoteNote or with respect to a Global Note a notation shall be made on Schedule A thereto to reduce the principal amount of the Global Note to an amount equal to the unredeemed portion of the Global Note surrendered;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s 's request, the Trustee shall will give the notice of redemption in the Company’s 's name and at its their expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronically(or, in the case of Notes issued in global form, electronic transmission), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed (or delivered electronically transmitted to DTC) more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed (including the CUSIP number, if any) and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to (unless a shorter period shall be distributed acceptable to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed or purchased at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed (including CUSIP number) and will state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as to be agreed upon by the Trustee in its sole discretion may allowCompany and the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Xm Satellite Radio Holdings Inc), Indenture (Xm Satellite Radio Holdings Inc)
Notice of Redemption. At least 10 days but not more than 60 days before a the redemption date, the Company shall will mail or cause to be mailed, by first class mail mail, or delivered electronicallysend electronically if DTC is the recipient, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, (if then determined and otherwise the method of calculation thereofdetermination);
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued in the name of the Holder thereof upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(i) if applicable, any condition to such redemption. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its the Company’s expense; provided, however, that the Company has Officers’ Certificate delivered to the Trustee, at least four (4) Business Days prior Trustee pursuant to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officers’ Certificate requesting Section 3.01 hereof requests that the Trustee give such notice and setting sets forth the information to be stated in such notice as provided in the preceding paragraph. Any Notice of any redemption and notice thereof of the Notes may, in at the Company’s discretion, be given prior to the completion of a transaction (including an Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice, and any redemption may, at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent, including any related completion of an Equity Offering or other corporate transaction or event. If a such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice will shall state that, at in the 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 are shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied by the redemption date, or by the redemption date so delayed. 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. If any such condition precedent has not been satisfied, the Company shall provide notice to the Trustee prior to the close of business on the Business Day prior to the redemption date. Upon receipt of such notice, the notice of redemption shall be rescinded and the redemption of the Notes shall not occur. Upon receipt, the Trustee shall provide such notice to each Holder in the same manner in which the notice of redemption was given if such notice was given by the Trustee. If any Note is to be redeemed in part only, the notice of redemption that relates to that Note will state the portion of the principal amount of that Note that is to be redeemed. A new note in principal amount equal to the unredeemed portion of the original note will be issued in the name of the holder of notes upon cancellation of the original note. Subject to the provisions of the preceding paragraph, Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest will cease to accrue on Notes or portions of Notes called for redemption, unless the Company defaults in making the redemption payment.
Appears in 2 contracts
Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company OPTI shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its to the registered addressaddress of that Holder, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 Eight or 11 hereofTwelve of this Indenture. A notice of redemption may not be conditional. The notice will shall identify the Notes to be redeemed and will shall state:
(1) the redemption date;
(2) the redemption price orand the amount of accrued interest, where the redemption price cannot if any, to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company OPTI defaults in making such redemption payment, interest on Notes (or the portions of them, as applicable) called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) the applicable CUSIP number, if any, 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 Notes. At the CompanyOPTI’s request, the Trustee shall give the notice of redemption in the CompanyOPTI’s name and at its expense; provided, however, that the Company OPTI has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Opti Canada Inc), Indenture (Opti Canada Inc)
Notice of Redemption. At Notices of redemption will be delivered electronically in the case of Global Notes or mailed by first class mail at least 10 days 30 but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this the Notes Indenture pursuant to Articles 8 Article VIII or 11 hereofXI. The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest and Additional Interest, if any, on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s Issuers’ name and at its expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee may agree but in its sole discretion may allowno event less than 30 days), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Valley Telephone Co., LLC), Indenture (Valley Telephone Co., LLC)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall Issuer will mail or cause to be mailed, by first first-class mail (or delivered electronicallytransmitted otherwise in accordance with the procedures of DTC), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateCUSIP number;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofdate;
(3) the redemption price;
(4) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(45) the name and address of the Paying Agent;
(56) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(67) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) 8) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company Issuer has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders 45 days (or such shorter period periods as the Trustee in its sole discretion may allow)shall agree) prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption paragraph and notice thereof may, in the Company’s discretion, be subject stating that all conditions precedent to the satisfaction giving of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedcomplied with.
Appears in 2 contracts
Samples: Indenture (Saratoga Resources Inc /Tx), Indenture (Saratoga Resources Inc /Tx)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first first-class mail or delivered electronically(or, in the case of Notes issued in global form, electronic transmission), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed (or delivered electronically transmitted to DTC) more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed (including the CUSIP number, if any) and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to (unless a shorter period shall be distributed acceptable to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any In connection with any redemption and notice thereof of the Notes (including with the net cash proceeds of an Equity Offering), any such redemption may, in at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of a sale of common stock or other corporate transaction (including any related Equity Offering). If a In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice will shall state that, at in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Coeur Mining, Inc.), Indenture (Coeur Mining, Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.08 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or Article 11 hereof. The notice will identify the Notes to be redeemed (including the CUSIP, ISIN or other similar number) and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP CUSIP, ISIN or other similar number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 35 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as may be agreed between the Trustee in its sole discretion may allowCompany and the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Johnstone Tank Trucking Ltd.), Indenture (Johnstone Tank Trucking Ltd.)
Notice of Redemption. At least 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail mail, or delivered electronically, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Supplemental Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)
Notice of Redemption. At The Issuers shall send electronically, mail or cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress stated in the Note Register or otherwise in accordance with the Applicable Procedures, except that redemption notices may be delivered or mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or Article 11 hereof. Notices of redemption may, at the Issuers’ discretion, be conditional. The notice will shall identify the Notes to be redeemed and will shall state:
(1a) the Redemption Date;
(b) the redemption dateprice;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;
(3c) if any Definitive Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder upon cancellation of the original Note; provided that new Notes will only be issued in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) h) the CUSIP number and ISIN, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of the any such CUSIP number, if any, number or ISIN that is listed in such notice or printed on the Notes; and
(i) any conditions to such redemption. In addition, any notice of redemption may include additional information, including any information pursuant to Section 3.07(f) hereof. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its their expense; provided, however, provided that the Company has Issuers shall have delivered to the Trustee, at least four (4) two Business Days prior to the date such before notice of redemption is required to be distributed delivered electronically, mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption If the Notes are listed on an exchange, for so long as the Notes are so listed and notice thereof may, in the Company’s discretion, be subject to the satisfaction rules of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretionexchange so require, the redemption date may be delayed until such time as Issuers shall notify the exchange of any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in and, if applicable, of the event that principal amount of any or all such conditions have not been satisfied by the Notes outstanding following any partial redemption date, or by the redemption date so delayedof Notes.
Appears in 2 contracts
Samples: Indenture (Summit Materials, LLC), Indenture (Summit Materials, LLC)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company Issuers shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will shall identify the Notes to be redeemed (including CUSIP numbers) and will shall state:
(1a) the redemption date; 49
(b) the redemption price;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption (other than a Global Note) must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults Issuers default in making such redemption payment, interest and Liquidated Damages, if applicable, on Notes called for redemption ceases cease to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers' request, the Trustee shall give the notice of redemption in the Company’s name Issuers' names and at its their expense; provided, however, that the Company has Issuers shall have delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption (unless a shorter period is to be distributed otherwise acceptable to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (First Reserve Gas LLC), Indenture (El Paso Energy Partners Lp)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereof13 of this Indenture. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Officer's Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)
Notice of Redemption. At least 10 15 days but not more than 60 days before a redemption date, the Company shall mail will send or cause to be mailedsent, by electronic delivery or by first class mail or delivered electronicallypostage prepaid, a notice of redemption to each Holder (with a copy to the Trustee) whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the Notes Register or otherwise in accordance with the procedures of DTC, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 VIII or 11 XI hereof. The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 20 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any Notice of any redemption and notice thereof of the Notes may, in at the Company’s discretion, be given prior to the completion of a corporate transaction (including but not limited to an Equity Offering, an incurrence of Indebtedness, a Change of Control or other corporate transaction) and any redemption notice may, at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of a related transaction. If a such redemption notice or purchase is so subject to satisfaction of one or more conditions precedent, precedent such notice will shall describe each such condition, and if applicable, shall state that, at in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied by the redemption date, or by the redemption date as so delayed. 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.
Appears in 2 contracts
Samples: Indenture (GCP Applied Technologies Inc.), Indenture (W R Grace & Co)
Notice of Redemption. At Subject to the provisions of Section 3.07 hereof, at least 10 15 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption by first class mail, postage prepaid, to each Holder holder whose Notes are to be redeemed at its registered addressaddress (or deliver by electronic transmission in accordance with the applicable procedures of DTC), except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant Indenture. At the Company’s request (which shall specify the date and time at which the Trustee shall forward the notice of redemption) given at least five (5) Business Days prior to Articles 8 the date such notice shall be sent (unless the Trustee consents to a shorter period), the Trustee shall (on such date and at or 11 hereofpromptly after such time) forward the notice of redemption in the Company’s name and at the Company’s expense unless the Company shall have revoked such notice of redemption in compliance with Section 3.01. The Each notice will for redemption shall identify the Notes (including the CUSIP number, ISIN or “Common Code” number) to be redeemed and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price orand the amount of accrued interest to the Redemption Date, where the redemption price cannot if any, to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) the name and address of the Paying Agent;
(4) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price plus accrued interest, if any;
(5) any conditions to such redemption as determined by the Company in its sole discretion, and the Company may at its option also include a statement to the effect that the Redemption Date may be delayed, on one or more occasions and in the Company’s sole discretion, either (at the Company’s option) to a date specified by the Company in a subsequent notice to holders (subject, if the Company shall so elect, to the satisfaction of any or all such conditions or the Company’s written waiver of any such conditions that are not satisfied) or until such time as any or all such conditions have been satisfied or waived by the Company in writing, and that, if any such condition shall not have been satisfied as and when required (as determined by the Company in its sole discretion and taking into account any election by the Company to delay such Redemption Date), then (unless the Company shall have waived in writing any such conditions that are not satisfied), the Company shall have no obligation to redeem the Notes called for redemption on such Redemption Date (as the same may have been delayed by the Company as aforesaid) and may cancel such redemption and rescind such notice of redemption;
(6) that, if (in the case of a notice of a redemption that is subject to conditions) all conditions to such redemption are satisfied as and when required (as determined by the Company in its sole discretion and taking into account any election by the Company to delay such Redemption Date) or the Company waives in writing any such conditions that are not satisfied, then, unless the Company defaults in making the redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date (or, if such redemption is subject to conditions and the Company has elected to delay such Redemption Date as described in clause (5) above, on and after such delayed Redemption Date (as defined in Section 3.07)), and the only remaining right of the holders of such Notes is to receive payment of the redemption price upon surrender to the Paying Agent of the Notes redeemed;
(7) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the Redemption Date (or, if such redemption date is subject to conditions and the Company has elected to delay such Redemption Date as described in clause (5) above, after such delayed Redemption Date), and upon surrender of such Note, a new Note or Notes in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedissued; and
(8) that no representation is made as if fewer than all the Notes are to be redeemed, the correctness or accuracy identification of the CUSIP numberparticular Notes (or portion thereof) to be redeemed, as well as the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption. The notice, if anysent in a manner herein provided, listed in shall be conclusively presumed to have been given, whether or not the holder receives such notice. In any case, failure to send such notice or printed on the Notes. At the Company’s request, the Trustee shall give any defect in the notice to the holder of any Note designated for redemption in whole or in part shall not affect the Company’s name and at its expense; provided, however, that validity of the proceedings for the redemption of any other Note. Calculation of the redemption price will be made by the Company has delivered to or on its behalf by such person as the Company shall designate; provided that such calculation or the correctness thereof shall not be a duty or obligation of the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Western Digital Corp), Indenture (WD Media, LLC)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption by first-class mail, postage prepaid, to the Trustee and each Holder whose Notes are to be redeemed at its registered addresssuch Holder's address as it appears on the security register maintained by the Registrar. At the Company's request, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the Trustee shall give the notice is issued of redemption in connection with a defeasance the Company's name and at the Company's expense. Each notice of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will redemption shall identify the Notes to be redeemed and will shall state:
(1) the Redemption Date, and that the Notes called for redemption datemay not be converted after the Business Day immediately prior to the Redemption Date;
(2) the redemption price orRedemption Price, where including the redemption price cannot amount of accrued and unpaid interest and Liquidated Damages, if any, to be calculated at the time of paid upon such notice, the method of calculation thereofredemption;
(3) the name, address and telephone number of the Paying Agent;
(4) that Notes called for redemption must be surrendered to the Paying Agent at the address specified in such notice to collect the Redemption Price;
(5) that, unless (a) the Company defaults in its obligation to deposit Cash with the Paying Agent in accordance with Section 3.6 hereof or (b) such redemption payment is prohibited pursuant to Article XII hereof or otherwise, interest on, and Liquidated Damages with respect to, Notes called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price, including accrued and unpaid interest and Liquidated Damages, if any, to, but excluding the Redemption Date, upon surrender to the Paying Agent of the Notes called for redemption and to be redeemed;
(6) if any Note is being redeemed in part, the portion of the principal amount amount, equal to $1,000 or any integral multiple thereof, of such Note to be redeemed and that, on or after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateissued;
(7) if less than all the paragraph Notes are to be redeemed, the identification of the particular Notes (or portion thereof) to be redeemed, as well as the aggregate principal amount of such Notes to be redeemed;
(8) the CUSIP number of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being be redeemed; and
(8) 9) that no representation the notice is made as being sent pursuant to this Section 3.4 and pursuant to the correctness or accuracy redemption provisions of Paragraph 5 of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Cellular Communications International Inc), Indenture (Cellular Communications International Inc)
Notice of Redemption. At Subject to the provisions of Section 3.09, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note; provided that the unredeemed portion has a minimum denomination of US$200,000;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, provided however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any At least 10 days prior to mailing of any notice of redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretionHolders under this Article 3, the Company shall provide notice of redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in to the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedTrustee.
Appears in 2 contracts
Samples: Indenture (Azure Power Global LTD), Indenture (Azure Power Global LTD)
Notice of Redemption. At Subject to Section 3.09 hereof, notices of redemption shall be delivered electronically or mailed by first-class mail, postage prepaid, at least 10 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered address, except that notices of redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or Article 11 hereof. The notice will shall identify the Notes to be redeemed and will shall state:
(1a) the Redemption Date;
(b) the redemption dateprice;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;
(3c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(i) any condition to such redemption. Any redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a Change of Control, an Equity Offering, or other offering, or other corporate transaction or event. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company has Issuer shall have delivered to the Trustee, at least four (4) 2 Business Days prior to the date such before notice of redemption is required to be distributed mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Aramark), Indenture (Aramark)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, the mailing of a notice of redemption by first-class mail, postage prepaid, to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if such Holder’s address as it appears on the notice is issued in connection Notes register maintained by the Registrar with a defeasance of copy to the Notes or a satisfaction Trustee and discharge of this Indenture pursuant to Articles 8 or 11 hereofany Paying Agent. The notice will shall identify the Notes to be redeemed and will shall state:
(1a) the redemption dateRedemption Date;
(2b) the redemption price or, where to be paid;
(c) the name and address of the Paying Agent;
(d) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price cannot be calculated at the time of such noticeand accrued interest, the method of calculation thereofif any;
(3e) that, unless the Company defaults in making the redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders of such Notes is to receive payment of the redemption price upon surrender to the Paying Agent of the Notes to be redeemed;
(f) if any Note is being to be redeemed in part, the portion of the principal amount of such Note to be redeemed and that, on or after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of without charge to the original NoteSecurityholder;
(4g) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph if less than all of the Notes and/or Section are to be redeemed, the identification of this Indenture pursuant the particular Notes (or portion thereof) to which be redeemed, as well as the aggregate principal amount of Notes called for redemption are being to be redeemed; and
(8) that no representation is made as to the correctness or accuracy of h) the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, made to the Trustee at least 35 days prior to the Redemption Date, the Trustee shall give the notice of redemption redemption, in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretionexpense, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedaccordance with this Section 3.3.
Appears in 2 contracts
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 days but not more than 60 days before a redemption date, the Company shall Issuer will mail or cause to be mailed, by first class mail (or delivered with respect to Global Notes, to the extent permitted or required by applicable DTC procedures or regulations, send electronically), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if (a) the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereofhereof or (b) in the case of a redemption that is subject to one or more conditions precedent, the date of redemption is extended as permitted in this Indenture. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price orprice, where the redemption price canor if not be calculated at the time of such noticethen ascertainable, the method manner of calculation thereof;,
(3) if any Note is being redeemed in partpart only, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note will be issued in the name of the Holder of the Notes upon cancellation of the original NoteNote (or transferred by book entry);
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption datedate (whether or not a Business Day);
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At ; and
(9) if the Company’s requestredemption is conditional, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at precedent and that the Company’s discretion, Issuer may delay the redemption date may be delayed in its discretion until such time as any the condition or all such conditions are satisfiedsatisfied or waived by the Issuer in its sole discretion, or such redemption may not occur and such notice may be modified or rescinded in the event that any or all such conditions shall not have not been satisfied (or waived by the Issuer in its sole discretion) by the redemption date, or by the redemption date so delayeddelayed (which may exceed 60 days from the date of the redemption notice in such case). At the Issuer’s request, the Trustee will give the notice of redemption in the Issuer’s name and at the Issuer’s expense subject to compliance with Section 3.01.
Appears in 2 contracts
Samples: Indenture (Ingram Micro Holding Corp), Indenture (Ingram Micro Holding Corp)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture hereof pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture hereof pursuant to which the Notes called for redemption are being redeemed;
(8) if the redemption is conditioned upon the completion of an Equity Offering, a statement to such effect; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has Officers’ Certificate delivered to the Trustee, at least four (4) Business Days prior Trustee pursuant to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officers’ Certificate requesting Section 3.01 hereof requests that the Trustee give such notice and setting sets forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Diamondback Energy, Inc.), Indenture (Bonanza Creek Energy, Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, notices of redemption with respect to the Notes shall be mailed by first class mail at least 10 days 30 but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in partpart only, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes or portions of the Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Global Geophysical Services Inc), Indenture (Global Geophysical Services Inc)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes (including CUSIP numbers) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s written request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (WHX Corp), Indenture (Handy & Harman Ltd.)
Notice of Redemption. At In the case of an optional redemption pursuant to the provisions of Paragraph 5, Paragraph 6 or Paragraph 7 of the Securities, at least 10 15 days but not more than 60 days before a redemption dateRedemption Date (unless a shorter notice shall be satisfactory to the Trustee) (subject to Section 3.07), the Company Issuer shall mail deliver electronically in pdf format or cause to be mailedsend, by first class mail or delivered electronicallymail, a notice of redemption postage prepaid, and for securities registered to DTC, in accordance with DTC’s applicable procedures, to each Holder whose Notes Securities are to be redeemed at its registered address, address except that redemption notices may be delivered electronically in pdf format or mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes Securities or a satisfaction and discharge of this the Indenture pursuant to Articles Article 8 or 11 hereof. The At the Issuer’s request and with at least five Business Days’ notice will to the Trustee, the Trustee shall give the notice at least 15 days but not more than 60 days before the Redemption Date, and the Trustee shall give the notice of redemption in the Issuer’s name and at the Issuer’s expense. Each notice for redemption shall identify the Notes Securities to be redeemed (including the CUSIP number(s), if any) and will shall state:
(1) the redemption date;Redemption Date;
(2) the redemption price orRedemption Price and the amount of accrued interest, where the redemption price cannot if any, to be calculated at the time of such notice, the method of calculation thereof;paid;
(3) the name and address of the Paying Agent;
(4) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price plus accrued interest, if any;
(5) that, unless the Issuer defaults in making the redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed;
(6) if any Note Security is being redeemed in part, the portion of the principal amount of such Note Security to be redeemed and and, in the case of definitive Securities that, after the redemption date Redemption Date, and upon surrender of such NoteSecurity, a new Note Security or Notes Securities in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation surrender of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;Security;
(7) if fewer than all the Securities are to be redeemed, the identification of the particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption; and
(8) the paragraph of the Notes and/or Section of this Indenture Securities pursuant to which the Notes called for redemption Securities are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedredeemed.
Appears in 2 contracts
Notice of Redemption. At least 10 15 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Supplemental Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Third Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)
Notice of Redemption. At least 10 days but not more than 60 days before a redemption date, the Company shall mail Issuer will deliver or cause to be maileddelivered, by first class mail or delivered electronicallyelectronic delivery, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except address (with a copy to the Trustee); provided that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;price;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;Note;
(4) the name and address of the Paying Agent;Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;price;
(6) thatthat upon the satisfaction of any conditions to such redemption set forth in the notice of redemption, and unless the Company Issuer defaults in making such redemption payment, interest on the Notes called for redemption ceases to accrue on and after the redemption date;date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. Any redemption of the Notes, including in connection with an Equity Offering or a Change of Control Triggering Event, with the Net Cash Proceeds of an Asset Sale or in connection with another transaction (or series of related transactions) or event, including any financing, may, at the Issuer’s option, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related Equity Offering, Change of Control Triggering Event, Asset Sale or other transaction or event, as the case may be, and notice of such redemption may be given prior to the completion or the occurrence of the related Equity Offering, Change of Control Triggering Event, Asset Sale or other transaction or event. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuer’s discretion, the date of redemption may be delayed until such time (including more than 60 days after the date the notice of redemption was sent) as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the date of redemption, or by the date of redemption as so delayed, or such notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. In addition, the Issuer may provide in such notice that payment of the redemption price and performance of its obligations with respect to such redemption may be performed by another Person. In any such case, the Issuer shall provide prompt written notice to the Trustee at least two Business Days prior to the redemption date rescinding such redemption in the event that any such conditions precedent shall not have been (or will not be) satisfied, and such redemption and notice of redemption shall then be rescinded and of no force and effect. Upon receipt of such notice from the Issuer rescinding such redemption, the Trustee shall promptly send a copy of such notice to the Holders to be redeemed in the same manner in which the notice of redemption was given. At the CompanyIssuer’s written request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; expense; provided, however, that the Company Issuer has delivered to the Trustee, at least four (4) 5 Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period of time as the Trustee in its sole discretion may allow)agree) before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.03, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedparagraphs.
Appears in 2 contracts
Samples: Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 days but not more than 60 days before a redemption dateRedemption Date, the Company shall Issuers will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 Article XI hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price orprice, where the redemption price cannot be calculated at the time of such noticeif then determinable, the and, if not, then a method of calculation thereoffor determination;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s requestIssuers’ request and expense, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company has Issuers have delivered to the Trustee, at least four (4) 10 Business Days prior to the date of giving such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)notice, 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date Such Officers’ Certificate may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded combined with the Officers’ Certificate referred to in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedSection 3.01.
Appears in 2 contracts
Samples: Fifth Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company Issuers shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption by first class mail, postage prepaid, or as otherwise provided in accordance with the procedures of the Depository, to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 Article Eight hereof. The Notices of redemption may be given prior to the completion of an Equity Offering, and any redemption or notice will may, at the Issuers’ discretion, be subject to the completion of an Equity Offering. At the Issuers’ request, the Trustee shall forward the notice of redemption in the Issuers’ name and at the Issuers’ expense. Each notice for redemption shall identify the Notes (including the CUSIP or ISIN number) to be redeemed and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price orRedemption Price and the amount of accrued interest, where the redemption price cannot if any, to be calculated at the time of such notice, the method of calculation thereofpaid;
(3) the name and address of the Paying Agent;
(4) that Notes called for redemption shall be surrendered to the Paying Agent to collect the Redemption Price plus accrued interest, if any;
(5) that, unless the Issuers default in making the redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Notes redeemed;
(6) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date, and upon surrender and cancellation of such Note, a new Note or Notes in aggregate principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateissued;
(7) if fewer than all the paragraph Notes are to be redeemed, the identification of the particular Notes (or portion thereof) to be redeemed, as well as the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption; and
(8) the Section of the Notes and/or Section of or this Indenture Indenture, as applicable, pursuant to which the Notes called are to be redeemed. The notice, if mailed in a 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 Note designated for redemption are being redeemed; and
(8) that no representation is made as to in whole or in part shall not affect the correctness or accuracy validity of the CUSIP numberproceedings for the redemption of any other Note. Except as otherwise provided in this Article Three, if any, listed in such notice or printed on the Notesnotices of redemption may not be conditional. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name of the Issuers and at its expense; provided, however, provided that the Company has Issuers shall have delivered to the Trustee, at least four (4) five Business Days prior to the date such before notice of redemption is required to be distributed mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Medical Properties Trust Inc), Indenture (Sabra Health Care REIT, Inc.)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (NRG Yield, Inc.), Indenture (NRG Yield, Inc.)
Notice of Redemption. At (a) Notices of redemption shall be mailed to Holders of the Notes to be redeemed by first-class mail at least 10 days but 30 and not more than 60 days before a redemption date, prior to the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressRedemption Date, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes pursuant to Article Eight hereof or a satisfaction and discharge of this Indenture pursuant to Articles 8 Article Nine hereof and redemption notices may be mailed not less than three days prior to a Redemption Date if the notice is issued with respect to Notes to be redeemed as set forth under clause (c) of Section 3.01 or 11 Section 3.02 hereof. Notices of redemption may not be conditional.
(b) The notice will shall identify the Notes to be redeemed and will shall state:
(1i) the redemption dateRedemption Date;
(2ii) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofRedemption Price;
(3iii) the name and address of the Paying Agent;
(iv) that Notes called for redemption must be surrendered to the Paying Agent in order to collect the Redemption Price;
(v) that, unless the Company defaults in making the redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders is to receive payment of the Redemption Price plus accrued interest to the Redemption Date upon surrender of the Notes to the Paying Agent;
(vi) that, if any Note is being redeemed in part, the portion of the principal amount (equal to integral multiples of U.S.$1,000) of such Note to be redeemed and that, on and after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedreissued; and
(8) that vii) that, if any Note contains a CUSIP or ISIN number as provided in Section 2.13 hereof, no representation is being made as to the correctness or accuracy of the CUSIP number, if any, listed or ISIN number either as printed on the Notes or as contained in such the notice or of redemption and that reliance may be placed only on the other identification numbers printed on the Notes. .
(c) At the Company’s requestrequest (which request may be revoked by the Company at any time prior to the time at which the Trustee shall have given such notice to the Holders), made in writing to the Trustee at least 60 days (or such shorter period as shall be satisfactory to the Trustee) before a Redemption Date, the Trustee shall give the notice of redemption in the Company’s name and at its expense; providedthe expense of the Company. If, however, that the Company has delivered gives such notice to the TrusteeHolders, at least four (4) Business Days prior the Company shall concurrently deliver to the date Trustee an Officer’s Certificate stating that such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not has been satisfied by the redemption date, or by the redemption date so delayedgiven.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Notice of Redemption. At (a) Subject to Section 3.08, the Issuer shall send, or cause to be sent notices of redemption of Notes at least 10 days (or solely for the purposes of Section 4.14(f), 30 days) but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose Notes are to be redeemed pursuant to this Article at its such Holder’s registered addressaddress or otherwise in accordance with the procedures of the Depositary, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereofArticle 12, or is delayed in accordance with Section 3.07(e). Notices of redemption may be conditional as set forth in Section 3.07(e).
(b) The notice will shall identify the Notes to be redeemed and will shall state:
(1) the redemption date;
(2) the redemption price or, where and the amount of any accrued and unpaid interest to the redemption price cannot be calculated at the time of such notice, the method of calculation thereofdate;
(3) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteredeemed;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP numbernumber or ISIN, if any, listed in such notice or printed on the Notes. ; and
(9) any condition to such redemption.
(c) At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s expense; provided, however, provided that the Company has Issuer shall have delivered to the Trustee, at least four (4) five Business Days prior to the date such before notice of redemption is required to be distributed sent or caused to be sent to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedSection 3.03(b).
Appears in 2 contracts
Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 VIII or 11 XII hereof. The notice will identify the Notes (including the CUSIP number) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 35 days prior to the redemption date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allowshall agree), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption datedate and the only remaining right of Holders of such Notes is to receive payment of the redemption price upon surrender of Notes redeemed;
(7) the paragraph of the Notes and/or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource-MBS, LLC)
Notice of Redemption. At least 10 15 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail will send or cause to be mailedsent, by electronic delivery or by first class mail or delivered electronicallypostage prepaid, a notice of redemption to each Holder (with a copy to the Trustee) whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security register or otherwise in accordance with the procedures of DTC, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 VIII or 11 XI hereof. The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 30 days prior to the date such notice of redemption is to be distributed to the Holders Redemption Date (or such shorter period as the Trustee in its sole discretion may allowagree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any Notice of any redemption and notice thereof of the Notes may, in at the Company’s discretion, be given prior to the completion of a corporate transaction (including but not limited to an Equity Offering, an Incurrence of Indebtedness, a Change of Control or other corporate transaction) and any redemption notice may, at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, completion of a related transaction. If a such redemption notice or purchase is so subject to satisfaction of one or more conditions precedent, precedent such notice will shall describe each such condition, and if applicable, shall state that, at in the Company’s discretion, the redemption date 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 are shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have not been satisfied by the redemption dateRedemption Date, or by the redemption date Redemption Date as so delayed. 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.
Appears in 2 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Notice of Redemption. At Notices of redemption shall be mailed by the Company (or the Trustee, as herein provided) by first class mail (or, in the case of Global Securities, based on a method as DTC may require) at least 10 days 30 but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose Notes are holder of Securities to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes Securities or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereofIndenture. The notice will shall identify the Notes Securities to be redeemed and will shall state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(54) that Notes Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(5) if less than all the outstanding Securities are to be redeemed, the identification and principal amounts of the particular Securities to be redeemed;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes Securities (or portion thereof) called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of “CUSIP” number, ISIN or “Common Code” number, if any, printed on the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are Securities being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP “CUSIP” number, ISIN, or “Common Code” number, if any, listed in such notice or printed on the NotesSecurities; and
(9) any conditions precedent applicable to the redemption. At the Company’s request, upon written notice provided at least 45 days (or such shorter period as the Trustee shall agree) prior to the redemption date, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedentexpense. If a redemption notice is subject to satisfaction of one or more conditions precedent, In such notice will state that, at the Company’s discretionevent, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur Company shall provide the Trustee with the information required by Sections 3.01 and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed3.03.
Appears in 2 contracts
Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail (or delivered electronicallyin the case of Notes held in book entry form, by electronic transmission), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 12 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (TB Wood's INC), Indenture (Real Mex Restaurants, Inc.)
Notice of Redemption. At Subject to the provisions of Section 3.7 hereof, at least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company Issuers shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will shall identify the Notes to be redeemed (including the CUSIP number) and will shall state:
(1a) the Redemption Date;
(b) the redemption dateprice;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, on or after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will shall be issued upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its expense; provided, however, that the Company has Issuers shall have delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to Redemption Date (unless a shorter period shall be distributed acceptable to the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)
Notice of Redemption. At least 10 days but not more than 60 days before a (a) Notice of redemption date, or purchase as provided in Section 10.01 shall be deemed to have been given upon the Company shall mail or cause to be mailed, mailing by first class mail or delivered electronicallymail, a postage prepaid, of such notice of redemption to each Holder whose of Notes are to be redeemed redeemed, at its registered addressaddress as recorded in the Register, except that redemption notices may be mailed or delivered not later than 30 nor more than 60 days prior to a redemption date if the Redemption Date. Any such notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will shall state:
(1i) the redemption date;expected Redemption Date,
(2ii) the redemption price or, where the redemption price cannot Redemption Price,
(iii) if less than all Outstanding Notes are to be calculated at the time of such noticeredeemed, the method identification (and, in the case of calculation thereof;partial redemption, the respective principal amounts) of the particular Notes to be redeemed,
(3iv) if any Note is being redeemed in part, that on the portion of Redemption Date the principal amount of Redemption Price will become due and payable upon each such Note to be redeemed redeemed, and that, after unless the Company default in making such redemption date upon surrender of payment or any Paying Agent is prohibited from making such Note, a new Note or Notes in principal amount equal payment pursuant to the unredeemed portion will terms of this Indenture, interest hereon shall cease to accrue from and after said date,
(v) the place or places where such Notes are to be issued upon cancellation surrendered for payment of the original Note;
(4) Redemption Price and the name and address of the Paying Agent;Agent or Paying Agents,
(5vi) that Notes called for redemption must be surrendered the CUSIP and other security identification numbers, if any, subject to the Paying Agent to collect the redemption price;Section 3.11 hereof, and
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7vii) the paragraph of the Notes and/or Section section of this Indenture pursuant to which the Notes called for are to be redeemed. Notices of redemption are being redeemed; andmay not be conditional.
(8) that no representation is made as b) Notice of such redemption or purchase of Notes to be so redeemed or purchased at the correctness or accuracy election of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee Company shall give the notice of redemption in the Company’s name and at its expense; provided, however, that be given by the Company has delivered to the Trusteeor, at the written request of the Company delivered at least four (4) five Business Days prior to the date proposed for the mailing of such notice of redemption is to be distributed to the Holders (or such shorter period as notice, by the Trustee in its sole discretion may allow), an Officers’ Certificate requesting the name and at the expense of the Company; provided that such notice to the Trustee may be revoked by the Company by written notice delivered to the Trustee prior to the date proposed for the mailing of the notice of such redemption to the Holders.
(c) 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 and setting forth the information to be stated in such notice as provided by mail or any defect in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction Holder of one any Note designated for redemption as a whole or more conditions precedent. If a redemption notice is subject to satisfaction in part shall not affect the validity of one or more conditions precedent, such notice will state that, at the Company’s discretion, proceedings for the redemption date may be delayed until such time as of any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedother Note.
Appears in 2 contracts
Samples: Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Co)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days (or such shorter period as may be permitted by the eligibility rules of the Depositary) but not more than 60 days before a redemption date, the Company shall will send electronically, or mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressredeemed, except that redemption notices may be sent or mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Supplemental Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to makes such request no later than 1:00 p.m., New York City time, on the Trustee, date that is at least four (4) one Business Days prior to the date such notice of redemption is to be distributed to the Holders Day (or such shorter period as may be permitted by the Trustee in its sole discretion may allow), an Officers’ Certificate requesting that Trustee) prior to the Trustee give date by which such notice and setting forth the information must be given to be stated Holders in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedaccordance with this Section 3.03.
Appears in 2 contracts
Samples: Fifth Supplemental Indenture (Metropcs Communications Inc), First Supplemental Indenture (Metropcs Communications Inc)
Notice of Redemption. (a) At least 10 30 days but not more than 60 days before a date for redemption dateof Notes, the Company shall mail or cause to be mailed, a notice of redemption by first class mail or delivered electronically, a notice of redemption to each Holder whose of Notes are to be redeemed at its such Xxxxxx’s registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the .
(b) Such notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will shall identify the Notes to be redeemed and will shall state:
(1i) the redemption dateRedemption Date;
(2ii) the redemption price or, where Redemption Price and the redemption price cannot amount of accrued interest (including amounts to be calculated at accreted to principal of the time of such notice, Notes) to the method of calculation thereofRedemption Date;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4iii) the name and address of the Paying Agent;
(5iv) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(6v) if fewer than all the outstanding Notes are to be redeemed, the certificate numbers and principal amount of the particular Notes to be redeemed;
(vi) that, unless the Company defaults in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes (or portion thereof) called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7vii) the paragraph of CUSIP number, if any, printed on the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) viii) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. .
(c) At the Company’s requestwritten request delivered at least 10 days prior to the date such notice is to be given (unless a shorter period shall be acceptable to the Trustee), the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedentexpense. If a redemption notice is subject to satisfaction of one or more conditions precedent, In such notice will state that, at the Company’s discretionevent, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in Company shall provide the event that any or all such conditions have not been satisfied Trustee with the information required by the redemption date, or by the redemption date so delayedthis Section 3.03.
Appears in 2 contracts
Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)
Notice of Redemption. At (a) In order to exercise its option to redeem Notes pursuant to Section 3.07, the Issuer shall deliver, or cause to be delivered electronically or by first-class mail notices of redemption of Notes at least 10 15 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption Redemption Date to each Holder whose Notes are to be redeemed (with a copy to the Trustee) pursuant to this Article at its such Holder’s registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes pursuant to Article 8 or a satisfaction and discharge of this Indenture pursuant to Articles 8 Article 11. Notwithstanding the above, when notice has to be given to a holder of a Global Note (including any notice of redemption or 11 hereofrepurchase) such notice shall be sufficiently given if given to the DTC (or its designee) pursuant to the standing instructions from the DTC or its designee, including by electronic mail in accordance with applicable DTC procedures. A copy of any such notice will be delivered, electronically or by first class mail, to the Trustee at the same time it is delivered to Holders or to DTC. Notices to the Trustee may be given by email in PDF format.
(b) The notice will shall identify the Notes to be redeemed (including CUSIP and will ISIN number, if applicable) and shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price orprice, where including the portion thereof representing any accrued and unpaid interest; provided that in connection with a redemption under Section 3.07(a), the notice need not set forth the redemption price cannot be calculated at but only the time of such notice, the method manner of calculation thereof;
(3) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteredeemed;
(4) the name and address of the Paying AgentAgent and the Trustee;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes. ; and
(9) if applicable, any condition to such redemption.
(c) At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s expense; provided, however, provided that the Company has Issuer shall have delivered to the Trustee, at least four (4) 10 Business Days prior to the date such before notice of redemption is required to be distributed sent or caused to be sent to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth attaching a form of the notice which shall contain the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, Section 3.03(b); provided that such notice will state that, at the Company’s discretion, the redemption date Officers’ Certificate may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such withdrawn by the Issuer upon written notice (which notice may be rescinded in electronic) to the event that any or all Trustee prior to the date such conditions have not been satisfied by the notice of redemption date, or by the redemption date so delayedis required to be sent to Holders.
Appears in 2 contracts
Samples: Indenture (Forestar Group Inc.), Indenture (Forestar Group Inc.)
Notice of Redemption. At Subject to Section 3.09 hereof, notices of redemption shall be delivered electronically or mailed by first-class mail, postage prepaid, at least 10 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered address, except that notices of redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or Article 11 hereof. The notice will shall identify the Notes to be redeemed and will shall state:
(1a) the Redemption Date;
(b) the redemption dateprice;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereof;
(3c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes; and
(i) any condition to such redemption. Any redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a Change of Control, an Equity Offering, or other offering, or other corporate transaction or event. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company has Issuer shall have delivered to the Trustee, at least four (4) 2 Business Days prior to the date such before notice of redemption is required to be distributed mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Aramark), Indenture (Aramark)
Notice of Redemption. At (a) The Company shall send, or cause to be sent (or, in the case of Notes held in book-entry form, by electronic transmission) notices of redemption of Notes at least 10 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose Notes are to be redeemed at its registered addresspursuant to this Article in accordance with Section 11.02, except that redemption notices may be mailed or delivered sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. Article 8.
(b) The notice will shall identify the Notes (including CUSIP numbers) to be redeemed and will shall state:
(1) the redemption date;
(2) the redemption price orRedemption Price, where including the redemption price cannot be calculated at the time of such notice, the method of calculation thereofportion thereof representing any accrued and unpaid interest;
(3) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteredeemed;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(6) that, unless the Company defaults in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes. ; and
(9) if applicable, any condition to such redemption.
(c) At the Company’s written request, the Trustee shall give the notice of redemption in the Company’s name and at its the Company’s expense; provided, however, provided that the Company has shall have delivered to the Trustee, at least four (4) five Business Days prior to the date such before notice of redemption is required to be distributed sent or caused to the be sent to Holders pursuant to this Section 3.03 (or such unless a shorter period as shall be agreed to by the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Supplemental Indenture pursuant to Articles 8 or 11 hereof12 of this Supplemental Indenture. The notice will identify the Notes to be redeemed and will state:
(1) the redemption dateRedemption Date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued in the name of the holder thereof upon cancellation of the original partially redeemed Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption dateRedemption Date;
(7) the paragraph of the Notes and/or Section of this the Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its the Company’s expense; provided, however, that the Company has delivered to the Trustee, at least four 40 days (4unless a shorter time shall be acceptable to the Trustee) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)Redemption Date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)
Notice of Redemption. At (a) The Issuer will deliver electronically or mail by first-class mail notices of redemption at least 10 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronically, a notice of redemption date to each Holder whose of Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security register or otherwise in accordance with the procedures of DTC, except that the Issuer may deliver electronically or mail notices of redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 VIII or 11 XI hereof. The notice will identify the Notes (including the CUSIP or ISIN number) to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company Issuer defaults in making such redemption payment, interest interest, if any, on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(8) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number, if any, listed in such notice or printed on the Notes; and
(9) any conditions to redemption.
(b) If any Note is to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed, in which case a portion of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. In the case of a global note, an appropriate notation will be made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. Subject to the terms of the applicable redemption notice (including any conditions contained therein), Notes called for redemption shall become due on the date fixed for redemption. On and after the applicable redemption date, unless the Issuer defaults in the payment of the redemption price, interest shall cease to accrue on Notes or portions of them called for redemption.
(c) For Notes which are represented by global certificates held on behalf of DTC, notices may be given by delivery of the relevant notices to DTC, in accordance with their procedures for communication to entitled account holders in substitution for the aforesaid mailing.
(d) At the CompanyIssuer’s written request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s expense; provided. In such event, however, that the Company has delivered to Issuer shall provide the Trustee, Trustee with an Officer’s Certificate containing the information required by this Section 5.3 at least four five (45) Business Days prior to the date such on which the notice of redemption is required to be distributed given to the Holders (or such shorter period as the Trustee in its sole discretion may allowagree), 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. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Nexstar Broadcasting Group Inc), Indenture (Nexstar Broadcasting Group Inc)
Notice of Redemption. At The Company will mail or cause to be mailed, at least 10 15 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will state:
(1) the redemption date;
(2) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s 's request, the Trustee shall will give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days 45 days prior to the date such notice of redemption is to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow)date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (American Real Estate Holdings L P), Indenture (American Real Estate Partners L P)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 10 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles Article 8 or 11 hereof12 of this Indenture. The notice will identify the Notes to be redeemed and will state:
(1a) the redemption date;
(2b) the redemption price or, where the redemption price cannot be calculated at the time of such notice, the method of calculation thereofprice;
(3c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4d) the name and address of the Paying Agent;
(5e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6f) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7g) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(8) h) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) 5 Business Days prior to the date such before notice of redemption is required to be distributed mailed to Holders pursuant to this Section 3.03 (unless a shorter time is agreed to by the Holders (or such shorter period as the Trustee in its sole discretion may allowTrustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayed.
Appears in 2 contracts
Samples: Indenture (Lbi Media Holdings Inc), Indenture (Lbi Media Holdings Inc)
Notice of Redemption. At least 10 thirty (30) days but not more than 60 sixty (60) days before a redemption date, the Company shall Issuers will mail or cause to be mailed, by first class mail or delivered electronicallymail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed or delivered more than 60 sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice will identify the Notes to be redeemed and will shall state:
(1) the redemption date;
(2) the redemption price or, where the redemption price can(or if not be calculated at the time of such noticethen ascertainable, the method manner of calculation thereof);
(3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Note;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(6) that, unless the Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the redemption date;
(7) the paragraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(8) the CUSIP number, if any, printed on the Notes being redeemed; and
(8) 9) that no representation is made as to the correctness or accuracy of the CUSIP numbernumbers, if any, listed in such notice or printed on the NotesNotes being redeemed. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that such request by the Company has delivered Issuers to the Trustee, Trustee is received by the Trustee at least four five (45) Business Days prior to the date such the Trustee is requested to give notice of redemption is to be distributed to the Holders (or whose Notes are to be redeemed. In such shorter period as event, the Issuers shall provide the Trustee in its sole discretion may allow), an Officers’ Certificate requesting that the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent. If a redemption notice is subject to satisfaction of one or more conditions precedent, such notice will state that, at the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions are satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions have not been satisfied required by the redemption date, or by the redemption date so delayedthis Section 3.04.
Appears in 2 contracts
Samples: Indenture (Radio One, Inc.), Indenture (Radio One, Inc.)
Notice of Redemption. At least 10 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail send or cause to be mailed, by first class mail or delivered electronically, sent a notice of redemption electronically or by first- class mail to each Holder whose Notes are to be redeemed at its registered address, with a copy to the Trustee, except that redemption notices may be mailed or delivered more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes notes or a satisfaction and discharge of this Indenture pursuant Indenture, in each case in accordance with this Indenture. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at the Company’s expense provided, however, that the Company shall deliver to Articles 8 or 11 hereofthe Trustee, at least 40 days prior to the Redemption Date (which may be waived by the Trustee), an Officers’ Certificate requesting that the Trustee give such notice. The Each notice will for redemption shall identify the Notes to be redeemed and will shall state:
(1) the redemption dateRedemption Date;
(2) the redemption price orand the amount of accrued interest, where if any, to be paid (the redemption price cannot be calculated at the time of such notice, the method of calculation thereof“Redemption Price”);
(3) if any Note is being redeemed in part, the portion paragraph of the principal amount of such Note Notes, pursuant to be redeemed and that, after which the redemption date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion will be issued upon cancellation of the original Noteare being redeemed;
(4) the name and address of the Paying Agent;
(5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(6) that, unless the Company defaults in making such the redemption payment, interest interest, if any, on Notes called for redemption ceases shall cease to accrue on and after the redemption dateRedemption Date and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Notes redeemed;
(7) that, if any Note is being redeemed in part, the paragraph portion of the Notes and/or Section principal amount of this Indenture pursuant such Note to which be redeemed;
(8) that, if less than all the Notes called for redemption are being to be redeemed, the identification of the particular Notes and the aggregate principal amount (or portion thereof) of such Notes to be redeemed, to be redeemed and the aggregate principal amount of Notes to be outstanding after such partial redemption; and
(8) that no representation is made as to 9) whether the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to the Trustee, at least four (4) Business Days prior to the date such notice of redemption is to be distributed to the Holders (or conditioned on any events and what such shorter period as the Trustee in its sole discretion may allow), 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 paragraphconditions are. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of If one or more conditions precedent. If specified with respect to a redemption notice is subject to satisfaction of one are not satisfied or more conditions precedent, such notice will state that, at the Company’s discretionwaived, the redemption date may Redemption Date shall be delayed until deemed not to have occurred for all purposes of this Indenture and the Company shall give notice of such time as non-occurrence to the Holders of the applicable Notes and to the Trustee. The Company will comply with the requirements of Rule 14e-1 under the Exchange Act and any or all other securities laws and regulations thereunder to the extent such conditions rule, laws and regulations are satisfied, or such redemption may not occur and such notice may be rescinded applicable in connection with the event that any or all such conditions have not been satisfied by the redemption date, or by the redemption date so delayedpurchase of Notes.
Appears in 2 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP)