Common use of Notice of Redemption Clause in Contracts

Notice of Redemption. At least thirty (30) days but not more than sixty (60) days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (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 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 forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 5 contracts

Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)

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Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 5 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

Notice of Redemption. At least thirty (30) days but not 10 days, and no more than sixty (60) days 60 days, before a redemption dateRedemption Date, the Company will mail or Issuer shall mail, cause to be mailed, or delivered electronically if held by first class mailthe 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 sixty (60) 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 9 or 13 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 priceprice and the amount of premium (or the manner of calculation the redemption price and/or premium) and accrued interest to be paid; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 requestwritten request made at least five Business Days prior to the date on which notice is to be given (or such shorter period as the Trustee in its sole discretion may agree), the Trustee will shall give the notice of redemption prepared by the Issuer, in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided. In such event, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that Issuer shall provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraphrequired by this 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 thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company will shall mail or cause to be mailed, by first class mailmail 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 sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption priceprice 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five four (454) days Business Days prior to the date such notice of redemption dateis to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. 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, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a date for redemption dateof Notes, the Company will 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, 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 more than 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 9 or 13 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 priceRedemption 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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)if 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 will 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 forty-five (45) days 5 Business Days prior to the redemption date, an Officer’s Certificate requesting that date chosen for giving such notice to the Holders (unless the Trustee shall agree to a shorter period). 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 paragraphnotice 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 Notes.

Appears in 4 contracts

Samples: Indenture (Ralph Lauren Corp), Indenture (Ralph Lauren Corp), Indenture (Reliance Steel & Aluminum Co)

Notice of Redemption. At least thirty (30a) days but not more than sixty (60) days before a Notice of redemption date, or purchase as provided in Section 10.01 shall be deemed to have been given upon the Company will mail or cause to be mailed, mailing by first class mail, a postage prepaid, of such notice of redemption to each Holder whose of Notes to be redeemed, at its registered address as recorded in the Register, not later than 30 nor more than 60 days prior to the Redemption Date. Any such notice shall state: (i) the expected Redemption Date, (ii) the Redemption Price, (iii) if less than all Outstanding Notes are to be redeemed at its registered addressredeemed, except that redemption notices may be mailed more than sixty the identification (60and, in the case of partial redemption, the respective principal amounts) 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 9 or 13 hereof. The notice will identify the particular Notes to be redeemed and will state:redeemed, (1iv) that on the redemption date; (2) Redemption Date the redemption price; (3) if any Note is being redeemed in part, the portion of 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 (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 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 election of the Company shall be given by the Company or, at the written request of the Company delivered at least five Business Days prior to the correctness or accuracy date proposed for the mailing of such notice (unless a shorter notice shall be satisfactory to the Trustee), by the Trustee in the name and at the expense of the CUSIP number, if any, listed in Company; provided that such notice or printed on the Notes. At the Company’s request, to the Trustee will give 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 Company’s name and at its expense; providedmanner herein provided shall be conclusively presumed to have been given, howeverwhether or not the Holder receives such notice. In any case, that the Company has delivered failure to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s 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 paragraphnotice 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.

Appears in 4 contracts

Samples: Indenture (Lyondell Houston Refinery Inc.), Indenture (Lyondell Refining LP, LLC), Indenture (Lyondell Chemical Co)

Notice of Redemption. At least thirty (30) days but not more than sixty (60) days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption price; (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 Note (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 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 forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 4 contracts

Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption datedate (or such shorter period as may be agreed to by the Trustee, the Company 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 mailmail or 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 more than sixty (60) 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 9 8 or 13 10 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption dateapplicable Redemption Date; (2) the redemption priceapplicable 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s 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 paragraphthis 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 thirty (30) 20 days but not more than sixty (60) 60 days before a redemption dateRedemption Date of an Optional Redemption or a Change in Tax Redemption, the Company will Issuer shall mail or cause to be mailed, by first class mail, mail 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 more than sixty (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 9 or 13 hereofRegistrar. The notice will shall identify the Notes to be redeemed and will shall state: (1) the redemption dateRedemption Date; (2) the redemption priceRedemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made); (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 will 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 forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 4 contracts

Samples: Indenture (Nortel Networks Corp), Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD)

Notice of Redemption. At least thirty (30) 15 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, shall 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 sent more than sixty (60) 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 9 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 30 days prior to the redemption date, an Officer’s 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.

Appears in 4 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Indenture (Boyd Acquisition I, LLC)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company Issuers will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 Article 8 or 13 hereof11 of this Indenture. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption price, including the accrued interest to the redemption date and the Make-Whole Amount, if 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five 45 days (45or such shorter period of time as is satisfactory to the Trustee) days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 4 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Inc)

Notice of Redemption. At least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption datethe Redemption Date, the Company Issuer will mail send or cause to be mailedsent, by electronic delivery or by first class mailmail postage 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 more than sixty (60) 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 9 VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-three (3) Business Days (or if any of the Notes to be redeemed are in definitive form, five (455) days Business Days) prior to the redemption datedate on which the Issuer instructs the Trustee to give the notice (or such shorter period as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Notice of any redemption of the Notes may, at the Issuer’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 one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or purchase is so 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 Redemption Date may be delayed until such time (including more than 60 days after the date the Notice of Redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied, or 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 Redemption Date, or by the 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 Subject to the provisions of Section 3.09, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 Article 8 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s 's Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Third Priority Secured Notes Indenture (Calpine Corp), First Priority Secured Floating Rate Notes Indenture (Calpine Corp), Third Priority Secured Notes Indenture (Delta Energy Center, LLC)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 10 days but not more than sixty (60) 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 will mail deliver or cause to be maileddelivered, by first class mailmail or electronic 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 sent more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date;date; (2) the redemption price;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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made);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 will 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 forty-five (45) 15 days prior (or 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 Special Mandatory Redemption is to be given (or such shorter period of time as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraphs.

Appears in 3 contracts

Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail send or cause to be mailedsent, by electronic delivery or by first class mailmail postage 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 more than sixty (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 9 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 40 days prior to the redemption datedate (or such shorter period as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Indenture (IAA Spinco Inc.), Indenture (KAR Auction Services, Inc.), Indenture (Avis Budget Group, Inc.)

Notice of Redemption. At least thirty (30) 15 days but not more than sixty (60) 60 days before a redemption date, the Company Issuer will mail or cause to be mailed, by first class mailmail (or sent 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 given more than sixty (60) 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 9 Article 8 or 13 hereof11. The notice will identify the Notes to be redeemed and will state: (1a) the redemption date; (2b) the redemption priceprice (if then determined and otherwise the method of determination); (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days prior Trustee pursuant to the redemption date, an Officer’s 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.

Appears in 3 contracts

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

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company Issuers will mail send or cause to be mailedsent, by first class mailin 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 sent more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption dateRedemption Date; (2) the redemption price, if then determinable, and, if not, then a method for 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days Business Days prior to the redemption datedate of giving such notice, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Such Officers’ Certificate may be combined with the Officers’ Certificate referred to in Section 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 least thirty (30) days but not 30 days, and no more than sixty (60) days 60 days, before a redemption dateRedemption Date, the Company will mail or Issuer shall mail, cause to be mailed, or delivered electronically if held by first class mailthe 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 sixty (60) 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 9 or 13 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 priceprice and the amount of premium (or the manner of calculation the redemption price and/or premium) and accrued interest to be paid; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 requestwritten request made at least five Business Days prior to the date on which notice is to be given (or such shorter period as the Trustee in its sole discretion may agree), the Trustee will shall give the notice of redemption prepared by the Issuer, in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided. In such event, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that Issuer shall provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraphrequired by this 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 thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company Issuer will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption priceprice (if then determined and otherwise the basis 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days Business Days prior to the redemption dategiving of such notice of redemption, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 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, at least thirty (30) 15 days but not more than sixty (60) 60 days before a redemption date, the Company Issuers will mail send or cause to be mailedsent in accordance with the Applicable Procedures, or by first class mailmail with 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 more than sixty (60) 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 9 8 or 13 hereof11. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or transferred by book entry) upon cancellation of the original Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption datedate (unless a shorter period shall be satisfactory to the Trustee), an 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 or notice of any redemption may, at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an Equity Offering, other debt or equity financing, acquisition or other corporate transaction or event, and, at the Issuers’ discretion, the redemption date may be delayed until such time as any or all of such conditions have been satisfied (or waived by the Issuers in their sole discretion). In addition, 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 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 redemption in the event such other Person fails to do so. Notice of any redemption in respect of an Equity Offering may be given prior to completion thereof. If such condition precedent to such redemption has not been satisfied, the Issuers will provide notice to the Trustee not less than two Business Days prior to the redemption date that 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 Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Indenture (Metaldyne Corp), Indenture (Trimas Corp), Indenture (Er Acquisition Corp)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, 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 (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 sixty (60) 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 9 8 or 13 10 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 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 thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mailmail (or otherwise 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 more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 10 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)

Notice of Redemption. At least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company Issuers will mail send or cause to be mailedsent, by first class mailin 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 sent more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption dateRedemption Date; (2) the redemption price, if then determinable, and, if not, then a method for 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days Business Days prior to the redemption datedate of giving such notice, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Such Officers’ Certificate may be combined with the Officers’ Certificate referred to in Section 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 thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company Issuers will mail send or cause to be mailedsent, by first class mailin 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 sent more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption dateRedemption Date; (2) the redemption price, if then determinable, and, if not, then a method for 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days Business Days prior to the redemption datedate of giving such notice, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Such Officers’ Certificate may be combined with the Officers’ Certificate referred to in Section 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 thirty (30) 30 days but not more than sixty (60) 60 days before a redemption datethe Redemption Date, the Company will Company, or the Trustee at the Company’s direction, shall mail or cause to be mailed, by first class mail, a notice of redemption by first-class mail to each Holder whose of Notes are to be redeemed at its such Holder’s registered address; provided that in the event the Trustee is to mail such notice, except that redemption notices may be mailed more than sixty (60) the Company shall deliver to the Trustee, at 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 9 or 13 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;price and the amount of accrued and unpaid interest to the 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 (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; (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 will shall give the notice of redemption in the Company’s name and at its the Company’s expense; provided. In such event, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that shall provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in information, along with a form of the preceding paragraphnotice, required by this Section.

Appears in 3 contracts

Samples: Indenture (Otelco Telecommunications LLC), Indenture (Brindlee Mountain Telephone Co), Indenture (Otelco Inc.)

Notice of Redemption. (a) At least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company Issuers will mail send or cause to be mailedsent, by electronic delivery or, at the Issuers’ option, by first class mailmail postage 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 more than sixty (60) 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 9 VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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; and (9) if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall 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 been satisfied (or waived by the Issuers in their sole discretion) by the Redemption Date or by the 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 Company’s Issuers’ request, the Trustee 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 forty-five Business Days (45or such shorter period as may be agreed to by the Trustee) days prior before notice of redemption is required to the redemption datebe 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 and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraphs 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 thirty (30) days but not 30 days, and no more than sixty (60) days 60 days, before a redemption dateRedemption Date, the Company will mail Issuer shall mail, or cause to be mailed, by first class mail, 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 more than sixty (60) days prior to a redemption date if his or 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 9 or 13 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 appropriate calculation of the redemption price; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 will 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 forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)

Notice of Redemption. At Subject to the provisions of Section 3.11 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, if the Notes are Definitive Notes, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address 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 sent, as applicable, more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Indenture (Angiotech America, Inc.), Indenture (Angiotech Pharmaceuticals Inc), Indenture (Angiotech Pharmaceuticals Inc)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, 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 electronically more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

Notice of Redemption. At least thirty (30) days but not 30 days, and no more than sixty (60) days 60 days, before a redemption dateRedemption Date, the Company will mail Issuer shall send, or cause to be mailed, by first class mailsent, 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 more than sixty (60) days prior to a redemption date if his or 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 9 or 13 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 priceprice and the amount of premium and accrued interest to be paid; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 will 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 any such notice to the TrusteeHolders of the relevant Notes shall also be published in a newspaper having a general circulation in Luxembourg or, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice extent and setting forth the information to be stated in such notice as provided in the preceding paragraphmanner permitted by such rules, posted on the official website of the Luxembourg Stock Exchange and, in connection with any redemption, the Issuer will notify the Luxembourg Stock Exchange of any change in the principal 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 least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 Article 8 or 13 hereof12. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 in the name of the Holder upon cancellation of the original Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption datedate (unless a shorter period is acceptable to the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 3 contracts

Samples: Indenture (Cheniere Energy Partners, L.P.), Indenture (Cheniere Energy Inc), Indenture (Cheniere Energy Partners, L.P.)

Notice of Redemption. At least thirty (30) 15 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will mail send or cause to be mailedsent, by electronic delivery or by first class mailmail postage 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 sent more than sixty (60) 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 9 VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 30 days prior to the redemption dateRedemption Date (or such shorter period as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Notice of any redemption of the Notes may, 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 one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or purchase is so subject to satisfaction of one or more conditions precedent such notice shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the Redemption Date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied, or 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 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 (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)

Notice of Redemption. At Subject to the provisions of Section 3.09, at least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company will mail send or cause to be mailedsent in accordance with the Applicable Procedures, or by first class mailmail with 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 more than sixty (60) 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 9 8 or 13 hereof11. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or transferred by book entry) upon cancellation of the original Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 10 days prior to the redemption datedate (unless a shorter period shall be satisfactory to the Trustee), an 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 or notice of any redemption may, at the Company’s discretion, be subject to one or more conditions precedent, including, 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 have been satisfied or waived, or 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 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 equity financing, acquisition or other corporate transaction or event may be given prior to completion thereof. Any such 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, that such notice of redemption is rescinded and the redemption subject 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 thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company will 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 sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption priceprice 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five four (454) days Business Days prior to the date such notice of redemption dateis to be distributed to the Holders (or such shorter period as the Trustee in its sole discretion may allow), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent.

Appears in 2 contracts

Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

Notice of Redemption. At Notices of redemption will be mailed by electronic transmission (for Notes held in book-entry form) or first class mail at least thirty (30) days but not more than sixty (60) days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (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. At the Issuer’s written request delivered at least two (2) Business Days before the notice of redemption is to Articles 9 be given to the Holders (unless a shorter period shall be acceptable to the Trustee), the Trustee shall give the notice of redemption in the Issuer’s name and at the Issuer’s expense, provided that the Issuer’s request to the Trustee contains the information listed in clauses (1) through (8) below. Failure to give notice of redemption, or 13 hereofany defect therein to any Holder of any Note selected for redemption shall not impair or affect the validity of the redemption of any other Note. The Each notice will of redemption shall identify the Notes to be redeemed and will shall state: (1) the redemption dateRedemption Date; (2) the redemption priceRedemption Price and the amount of accrued interest to be paid to (but not including) the Redemption Date; (3) the name and address of the Paying Agent; (4) the CUSIP number; (5) the subparagraph of the Notes pursuant to which such redemption is being made; (6) the place where such Notes called for redemption must be surrendered to the Paying Agent to collect the Redemption Price plus accrued interest to (but not including) the Redemption Date; (7) that, unless the Issuer fails to deposit with the Paying Agent funds in satisfaction of the applicable Redemption Price, interest on Notes called for redemption ceases to accrue on and after the Redemption Date in accordance with Section 3.05 hereof, and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price plus accrued interest to (but not including) the Redemption Date, upon surrender to the Paying Agent of the Notes redeemed; and (8) 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 the aggregate principal amount equal to the unredeemed portion will thereof shall be issued upon cancellation of the original Note (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 issued. If any of the Notes and/or Section to be redeemed is in the form of this Indenture pursuant to which a Global Note, then the Notes called for redemption are being redeemed; and (8) that no representation is made as Issuer shall modify such notice to the correctness or accuracy extent necessary to accord with the procedures of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered Depositary applicable to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphredemption.

Appears in 2 contracts

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

Notice of Redemption. At Except with respect to a Special Mandatory Redemption pursuant to Section 5.09 hereof, at least thirty (30) 10 days but not more than sixty (60) 60 days before a the redemption date, the Company Issuer will mail send or cause to be mailedsent, by first electronic delivery or by first-class mailmail postage 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 more than sixty (60) 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 9 VIII or 13 hereofXI hereto. Other than the timing, notices of a Special Mandatory Redemption shall be given to Holders in the same manner as notices of redemption. 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 number, if any, listed in such notice or printed on the Notes. At the CompanyIssuer’s request, the Trustee 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 forty-three (3) Business Days (or if any of the Notes to be redeemed are in definitive form, five (455) days Business Days) prior to the date on which the notice of redemption dateis to be sent (or such shorter period as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraph (which may be the Officer’s Certificate referenced in Section 5.01). The Issuer may redeem the Notes pursuant to one or more of the relevant provisions of this Indenture, and a single notice of redemption may be delivered with respect to redemptions made pursuant to different provisions. Any such notice may provide that redemptions made pursuant to different provisions may have different redemption dates or may specify the order in which redemptions taking place on the same redemption date are deemed to occur. Notice of any redemption of the Notes may, at the Issuer’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 may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or purchase is so 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 redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied, or 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 (or waived by the Issuer in its sole discretion) by the redemption date, or by the 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 2 contracts

Samples: Indenture (Embecta Corp.), Indenture (Embecta Corp.)

Notice of Redemption. At least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company will mail send or cause to be mailedsent, by electronic delivery or, at the Company’s option, first class mail, postage 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 more than sixty (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 applicable procedures of this Indenture pursuant to Articles 9 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 13 days prior to the redemption datedate (or such shorter period as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

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 thirty (30) 15 days but not more than sixty (60) 60 days before a redemption dateRedemption Date (unless a shorter notice shall be satisfactory to the Trustee) (subject to Section 3.07), the Company will mail Issuer shall deliver electronically in pdf format or cause to be mailedsend, by first class mail, 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 more than sixty (60) 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 9 or 13 Article 8 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;Redemption Price and the amount of accrued interest, if any, to be paid; (3) the name and address of the Paying Agent; (4) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price plus accrued interest, if any; (5) that, unless the Issuer defaults in making the redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (6) if any 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 (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;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 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 forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphredeemed.

Appears in 2 contracts

Samples: Indenture, Indenture

Notice of Redemption. At Subject to the provisions of Section 3.08 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 Article 8 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 35 days prior to the redemption datedate (or such shorter period as may be agreed between the Company and the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Johnstone Tank Trucking Ltd.), Indenture (Johnstone Tank Trucking Ltd.)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressaddress or otherwise in accordance with the applicable procedures of DTC, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 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, or if not then ascertainable, the 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 10 days prior to the redemption datedate (or such shorter period as is acceptable to the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will OPTI shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its to the registered addressaddress of that Holder, except that redemption notices may be mailed more than sixty (60) 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 9 Eight or 13 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 priceprice and the amount of accrued interest, if any, to be paid; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 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 thirty (30) days 30 but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, 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 delivered more than sixty (60) 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 9 Article VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption datedate (or such shorter period as the Trustee may agree but in no event less than 30 days), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Valley Telephone Co., LLC), Indenture (Valley Telephone Co., LLC)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company Issuer will mail or cause to be mailed, by first first-class mailmail (or transmitted 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 more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption dateCUSIP number; (2) the redemption date; (3) the redemption price; (34) 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five 45 days (45or such shorter periods as the Trustee shall agree) days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraph and stating that all conditions precedent to the giving of such notice have been complied with.

Appears in 2 contracts

Samples: Indenture (Saratoga Resources Inc /Tx), Indenture (Saratoga Resources Inc /Tx)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 45 days prior to the redemption datedate (or such shorter period as the Trustee in its sole discretion may allow), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. 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) The Issuer will deliver electronically or mail by first-class mail notices of redemption at least thirty (30) 10 days but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, 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 more than sixty (60) 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 9 VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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, at least forty-five (45) days prior to the redemption date, Trustee with an Officer’s Certificate requesting that containing the information required by this Section 5.3 at least five (5) Business Days prior to the date on which the notice of redemption is required to be given to Holders (or such shorter period as the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphmay agree).

Appears in 2 contracts

Samples: Indenture (Nexstar Broadcasting Group Inc), Indenture (Nexstar Broadcasting Group Inc)

Notice of Redemption. At least thirty (30) 15 days but not more than sixty (60) 60 days before a redemption date, the Company will shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 45 days prior to the redemption datedate (or such shorter period as the Trustee in its sole discretion may allow), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice thereof may, in the Company’s discretion, be subject to the satisfaction of one or more conditions precedent.

Appears in 2 contracts

Samples: Third Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will shall mail or cause to be mailed, by first class mail, 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 more than sixty (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 9 or 13 hereofany Paying Agent. The notice will shall identify the Notes to be redeemed and will shall state: (1a) the Redemption Date; (b) the redemption dateprice to be paid; (2c) the redemption pricename and address of the Paying Agent; (3d) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price and accrued interest, if any; (e) 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 the original Note (or appropriate adjustments without charge to the amount and beneficial interests in the Global Note will be made)Securityholder; (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 will 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 the Company’s expense; provided, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphaccordance with this Section 3.3.

Appears in 2 contracts

Samples: Indenture (Webcraft LLC), Indenture (Webcraft LLC)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will Issuers shall mail or cause to be mailed, a notice of redemption by first class mail, a notice postage prepaid, or as otherwise provided in accordance with the procedures of redemption the Depository, to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 or 13 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 priceRedemption Price and the amount of accrued interest, if any, to be paid; (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 (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 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 will 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 forty-five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (45) days prior unless a shorter notice shall be agreed to by the redemption dateTrustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Medical Properties Trust Inc), Indenture (Sabra Health Care REIT, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will mail shall send or cause to be mailed, by first class mail, 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 more than sixty (60) 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 9 or 13 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 priceprice and the amount of accrued interest, if any, to be paid (the “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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)are 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 9) whether the redemption is made as conditioned on any events and what such conditions are. If one or more conditions specified with respect to a redemption are not satisfied or waived, the Redemption Date shall be deemed not to have occurred for all purposes of this Indenture and the Company shall give notice of such non-occurrence to the correctness or accuracy Holders of the CUSIP number, if any, listed in such notice or printed on the Notes. At the Company’s request, the Trustee will give the notice of redemption in the Company’s name applicable Notes and at its expense; provided, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior . The Company will comply with the requirements of Rule 14e-1 under the Exchange Act and any other securities laws and regulations thereunder to the redemption dateextent such rule, an Officer’s Certificate requesting that laws and regulations are applicable in connection with the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphpurchase of Notes.

Appears in 2 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) days 10 but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, 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 more than sixty (60) 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 9 8 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption datedate (or such shorter period as to be agreed upon by the Company and the Trustee), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Xm Satellite Radio Holdings Inc), Indenture (Xm Satellite Radio Holdings Inc)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, shall 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 sent more than sixty (60) 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 9 or 13 hereofIndenture. The notice will shall identify the Notes to be redeemed and will shall state: (1a) the redemption date; (2b) the redemption price; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 45 days prior to the redemption datedate (unless a shorter period is acceptable to the Trustee), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 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 thirty (30) days 30 but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, 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 more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Any redemption and notice of redemption may, 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. In addition, if such redemption or notice. is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, or by the redemption date so delayed.

Appears in 2 contracts

Samples: Indenture (Urban One, Inc.), Indenture (Radio One, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will shall mail or cause to be mailed, by first class mail, 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 more than sixty (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 9 or 13 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 priceRedemption Price, including the amount of accrued and unpaid interest and Liquidated Damages, if any, to be paid upon such redemption; (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 (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 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 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 will give the notice of redemption in the Company’s name is being sent pursuant to this Section 3.4 and at its expense; provided, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior pursuant to the redemption date, an Officer’s Certificate requesting that provisions of Paragraph 5 of the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphNotes.

Appears in 2 contracts

Samples: Indenture (Cellular Communications International Inc), Indenture (Cellular Communications International Inc)

Notice of Redemption. At Subject to the provisions of Sections 3.10 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company Issuers will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption priceprice (or manner of calculation if 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption datedate (unless a shorter notice shall be satisfactory to the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraph along with a copy of the redemption notice to be delivered to the Holders.

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Notice of Redemption. At (a) Notices of redemption will be delivered electronically or mailed by first-class mail at least thirty (30) 30 days but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, 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 applicable procedures of DTC, except that redemption notices may be delivered electronically or mailed more than sixty (60) 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 9 Article VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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, or ISIN number listed in such notice or printed on the Notes. (b) 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 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 shall 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 Issuer defaults in the payment of the redemption price, interest ceases 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 electronic delivery or first-class mailing. (d) At the CompanyIssuer’s request, the Trustee will 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, at least forty-five (45) days prior to the redemption date, Trustee with an Officer’s Certificate requesting that containing the information required by this Section 5.3 at least five (5) Business Days prior to the date on which the Issuer instructs the Trustee give to send the notice (or such notice and setting forth shorter period as the information to be stated in such notice as provided in the preceding paragraphTrustee may agree).

Appears in 2 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)

Notice of Redemption. At least thirty (30) days but not more than sixty (60) days before a redemption date, the The Company will mail or cause to be mailed, at least 15 days but not more than 60 days before a redemption date, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (American Real Estate Partners L P), Indenture (American Real Estate Holdings L P)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mailmail (or in 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 more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption price; (3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, in the case of Definitive Notes, 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)Note; (4) in the case of Definitive Notes, the name and address of the Paying Agent; (5) in the case of Definitive Notes, 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 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 forty-five 45 days (45unless a shorter time shall be acceptable to the Trustee) days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (CPM Holdings, Inc.), Indenture (CPM Holdings, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 hereof. The notice will shall identify the Notes to be redeemed (including CUSIP numbers) and will shall state: (1a) the redemption date;; 49 (2b) the redemption price; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 45 days prior to the redemption datedate (unless a shorter period is otherwise acceptable to the Trustee), an Officer’s Officers' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (El Paso Energy Partners Lp), Indenture (First Reserve Gas LLC)

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 thirty (30) 30 days but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, 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 sent more than sixty (60) 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 9 or 13 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 priceRedemption Price, including the portion 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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 will 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 forty-five Business Days before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.03 (45) days prior unless a shorter period shall be agreed to by the redemption dateTrustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Square, Inc.), Indenture (Square, Inc.)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days prior Trustee pursuant to the redemption date, an Officer’s 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.

Appears in 2 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Bonanza Creek Energy, Inc.)

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Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company Issuers will mail or cause to be mailed, by first first-class mailmail (or transmitted 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 sent more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption dateCUSIP number; (2) the redemption date; (3) the redemption price; (34) 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five 45 days (45or such shorter periods as the Trustee shall agree) days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraph and stating that all conditions precedent to the giving of such notice have been complied with.

Appears in 2 contracts

Samples: Indenture (Interface Security Systems, L.L.C.), Indenture (Interface Security Systems Holdings Inc)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail send or cause to be mailedsent, by electronic delivery or by first class mailmail postage prepaid, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security registrar or otherwise in accordance with the procedures of DTC, except that redemption notices may be mailed sent more than sixty (60) 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 9 VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption datedate (or such shorter period as the Trustee may agree but in no event less than 30 days), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (CHURCHILL DOWNS Inc), Indenture (Churchill Downs Inc)

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 thirty 10 days (30or solely for the purposes of Section 4.14(f), 30 days) days but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, 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 sent more than sixty (60) 60 days prior to a redemption date if the notice is issued in connection with a defeasance Article 8 or Article 12, or is delayed in accordance with Section 3.07(e). Notices of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 hereof. 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 priceprice and the amount of any accrued and unpaid interest to the redemption date; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 will 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 forty-five Business Days before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.03 (45) days prior unless a shorter notice shall be agreed to by the redemption dateTrustee), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphSection 3.03(b).

Appears in 2 contracts

Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource-MBS, LLC)

Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company Issuer will mail or cause to be mailed, by first class mailmail (or 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 sent more than sixty (60) 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 9 8 or 13 hereof11 hereof 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;, or if not then ascertainable, the 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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be madetransferred 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; and (9) if the redemption is conditional, the one or more conditions precedent and that the Issuer may delay the redemption date in its discretion until such time as the condition or conditions are satisfied 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 been satisfied (or waived by the Issuer in its sole discretion) by the redemption date, or by the redemption date so delayed (which may exceed 60 days from the date of the redemption notice in such case). At the CompanyIssuer’s request, the Trustee will give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company has delivered Issuer’s expense subject to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphcompliance 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 thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company Issuers will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 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, if then determinable, and, if not, then a method for 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 35 days prior to the redemption dateRedemption Date (or such shorter time period as the Trustee may agree), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Tesoro Corp /New/), Indenture (Tesoro Logistics Lp)

Notice of Redemption. At Subject to the provisions of Section 3.07 hereof, at least thirty (30) 15 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will shall mail or cause to be mailed, a notice of redemption by first class mail, a notice of redemption 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 sent more than sixty (60) 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 9 the date such notice shall be sent (unless the Trustee consents to a shorter period), the Trustee shall (on such date and at or 13 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 priceprice and the amount of accrued interest to the Redemption Date, if any, to be paid; (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 (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 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 will 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 forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Western Digital Corp), Indenture (WD Media, LLC)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (WHX Corp), Indenture (Handy & Harman Ltd.)

Notice of Redemption. At Subject to the provisions of Section 3.09, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1a) the redemption date; (2b) the redemption price; (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 (or appropriate adjustments to Note; provided that the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. At least 10 days prior to mailing of any notice of redemption to the Holders under this Article 3, the Company shall provide notice of redemption to the Trustee.

Appears in 2 contracts

Samples: Indenture (Azure Power Global LTD), Indenture (Azure Power Global LTD)

Notice of Redemption. At least thirty (30) days but not 15 days, and no more than sixty (60) days 60 days, before a redemption dateRedemption Date, the Company will mail Issuer shall mail, or cause to be mailed, by first class mail, a notice of redemption by first-class mail to each Holder whose Notes are to be redeemed at its his or her registered address, except that redemption notices may be mailed more than sixty (60) 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 9 or 13 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 priceprice and the amount of premium (or the manner of calculation the redemption price and/or premium) and accrued interest to be paid; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 that the Notes and/or Section of this Indenture are being redeemed pursuant to which the Notes called for redemption are being redeemedSection 3.01; 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 CompanyIssuer’s requestwritten request made at least five Business Days prior to the date on which notice is to be given, the Trustee will shall give the notice of redemption prepared by the Issuer, in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided. In such event, however, that the Company has delivered to Issuer shall provide the TrusteeTrustee with the information required by this Section 3.04. Notice of any redemption of Notes may, at least forty-five (45) days prior the Issuer’s discretion, be subject to one or more conditions precedent. If such redemption is subject to satisfaction of one or more conditions precedent, such notice of redemption shall describe each such condition and, if applicable, shall state that, in the Issuer’s discretion, the redemption datedate may be delayed until such time as any or all of such conditions shall be satisfied (or waived by the Issuer in its sole discretion), an Officer’s Certificate requesting that the Trustee give or such redemption may not occur and such notice and setting forth may be rescinded in the information to be event that any or all such conditions shall not have been satisfied (or waived by the Issuer in its sole discretion) by the redemption date as stated in such notice notice, or by the redemption date as provided in the preceding paragraphso delayed.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (QVC Inc), Third Supplemental Indenture (QVC Inc)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company Issuers will mail or cause to be mailed, by first class mailmail (or sent 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 given more than sixty (60) 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 9 Article 8 or 13 11 hereof. The notice will identify the Notes (including series, date of issue, maturity date, certificate numbers and “CUSIP” numbers) to be redeemed and will state: (1a) the redemption date; (2b) the redemption priceprice (if then determined and otherwise the method of determination); (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 condition precedent to such redemption. At the Company’s Issuers’ request, the Trustee will give the notice of redemption in the Company’s name Issuers’ names and at its the Issuers’ expense; provided, however, that the Company has Officers’ Certificate delivered to the Trustee, at least forty-five (45) days prior Trustee pursuant to the redemption date, an Officer’s 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.

Appears in 2 contracts

Samples: Indenture (Jones Energy, Inc.), Indenture (Jones Energy, 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 thirty (30) 15 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, 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 delivered more than sixty (60) 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 9 Article 11. Notwithstanding the above, when notice has to be given to a holder of a Global Note (including any notice of redemption or 13 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, 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 but only the 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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)redeemed; (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 will 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 forty-five 10 Business Days before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.03 (45) days prior unless a shorter notice shall be agreed to by the redemption dateTrustee), an Officer’s 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 Section 3.03(b); provided that such Officers’ Certificate may be withdrawn by the preceding paragraphIssuer upon written notice (which notice may be electronic) to the Trustee prior to the date such notice of redemption is required to be sent to Holders.

Appears in 2 contracts

Samples: Indenture (Forestar Group Inc.), Indenture (Forestar Group Inc.)

Notice of Redemption. At least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company Issuer will mail deliver or cause to be maileddelivered, by first class mailmail or electronic 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 sent more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date;date; (2) the redemption price;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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made);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 will 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 forty-five 5 Business Days (45or such shorter period of time as the Trustee may agree) days prior before notice of redemption is required to the redemption datebe sent or caused to be sent to Holders pursuant to this Section 3.03, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraphs.

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 thirty (30) 10 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company Issuers will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 or 13 Article XI hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption dateRedemption Date; (2) the redemption price, if then determinable, and, if not, then a method for 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days 10 Business Days prior to the redemption datedate of giving such notice, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Such Officers’ Certificate may be combined with the Officers’ Certificate referred to in Section 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 thirty (30) 15 days but not more than sixty (60) 60 days before a redemption date, the Company will mail send or cause to be mailedsent, by electronic delivery or by first class mailmail postage 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 sent more than sixty (60) 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 9 VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 20 days prior to the redemption datedate (or such shorter period as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Notice of any redemption of the Notes may, 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 one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or purchase is so subject to satisfaction of one or more conditions precedent such notice shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or 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 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 (W R Grace & Co), Indenture (GCP Applied Technologies Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 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; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five 40 days (45unless a shorter time shall be acceptable to the Trustee) days prior to the redemption dateRedemption Date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands 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 thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, 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 more than sixty (60) 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a defeasance of the Notes Article 8 or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 Article 11 hereof. The notice will shall identify the Notes to be redeemed and will shall state: (1a) the redemption dateRedemption Date; (2b) the redemption price; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (45) days prior unless a shorter notice shall be agreed to by the redemption dateTrustee), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Aramark), Indenture (Aramark)

Notice of Redemption. At least thirty (30) days but not 30 days, and no more than sixty (60) days 60 days, before a redemption dateRedemption Date, the Company will mail or Issuer shall mail, cause to be mailed, or delivered electronically if held by first class mailDTC, 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 sixty (60) 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 9 or 13 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 priceprice and the amount of premium (or the manner of calculation the redemption price and/or premium) and accrued interest to be paid; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 requestwritten request made at least five Business Days prior to the date on which notice is to be given (or such shorter period as the Trustee in its sole discretion may agree), the Trustee will shall give the notice of redemption prepared by the Issuer, in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided. In such event, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that Issuer shall provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraphrequired by this Section 3.03.

Appears in 2 contracts

Samples: Indenture (Iac/Interactivecorp), Indenture (Match Group, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will Issuer shall mail or cause to be mailed, a notice of redemption by first class mail, a notice of redemption postage prepaid, to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 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 13 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 priceRedemption Price and the amount of accrued interest, if any, to be paid; (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 (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 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 will 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 forty-five (45) days prior to the redemption date, an Officer’s 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 paragraphnotice to the Holder of any Note designated for redemption in whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. Unless otherwise specifically provided herein, notices of redemption may not be conditional.

Appears in 2 contracts

Samples: Indenture (Warner Chilcott CORP), Indenture (PQ Systems INC)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company Issuer will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 7 or 13 10 hereof. The notice will identify the Notes (including CUSIP Numbers) to be redeemed and will state: (1) the redemption date; (2) the redemption priceprice for the 2019 Notes and/or the 2021 Notes, as 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Supplemental Indenture (Massey Energy Co), Supplemental Indenture (Alpha Natural Resources, Inc.)

Notice of Redemption. At least thirty (30) days but Notice of redemption to the Holders of Registered Securities of any series shall be given by first-class mail, postage prepaid, mailed not less than 30 nor more than sixty (60) 60 days before a redemption dateprior to the Redemption Date, the Company will mail or cause to each Holder of Securities of such series to be mailedredeemed, 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, a 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 each Holder whose Notes are all other Holders of Unregistered Securities of any series to be redeemed at its registered addressas 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, except that redemption notices may in each case, once in each of three successive calendar weeks, the first publication to be mailed not less than 30 days nor more than sixty (60) 60 days prior to a redemption 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 9 or 13 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 priceRedemption Price and the amount of accrued interest, if any, to be paid; (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 the original Note (or appropriate adjustments without charge to the amount and beneficial interests in the Global Note will be made)Securityholder; (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 Securities. Notice of redemption of Securities of any series to be redeemed at the Notes. At election of the Company shall be given by the Company or, at the Company’s 's written request, by the Trustee will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company has delivered to expense of the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphCompany.

Appears in 2 contracts

Samples: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)

Notice of Redemption. At In the case of an optional redemption pursuant to the provisions of Pxxxxxxxx 0, Xxxxxxxxx 6 or Paragraph 7 of the Securities, at least thirty (30) 15 days but not more than sixty (60) 60 days before a redemption dateRedemption Date (unless a shorter notice shall be satisfactory to the Trustee) (subject to Section 3.07), the Company will mail Issuer shall deliver electronically in pdf format or cause to be mailedsend, by first class mail, 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 more than sixty (60) 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 9 or 13 Article 8 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 dateRedemption Date; (2) the redemption priceRedemption Price and the amount of accrued interest, if any, to be paid; (3) the name and address of the Paying Agent; (4) that Securities called for redemption must be surrendered to the Paying Agent to collect the Redemption Price plus accrued interest, if any; (5) that, unless the Issuer defaults in making the redemption payment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Securities called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Securities is to receive payment of the Redemption Price upon surrender to the Paying Agent of the Securities redeemed; (6) if any 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 (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 dateSecurity; (7) if fewer than all the paragraph Securities are to be redeemed, the identification of the Notes and/or Section particular Securities (or portion thereof) to be redeemed, as well as the aggregate principal amount of this Indenture pursuant Securities to which be redeemed and the Notes called for redemption are being redeemedaggregate principal amount of Securities to be outstanding after such partial redemption; and (8) that no representation is made as to the correctness or accuracy paragraph of the CUSIP number, if any, listed in such notice or printed on Securities pursuant to which the Notes. At the Company’s request, the Trustee 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 forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information Securities are to be stated in such notice as provided in the preceding paragraphredeemed.

Appears in 2 contracts

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

Notice of Redemption. At Subject to the provisions of Section 4.14(d) hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company Issuers will mail send, or cause to be mailed, by first class mailsent, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed sent more than sixty (60) 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 9 Article 8 or 13 11 hereof, respectively. The notice of redemption will identify the Notes to be redeemed and will state: (1) the redemption dateRedemption Date; (2) the redemption price, if then determinable, and, if not, then a method for 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will cease to accrue on and after the redemption dateRedemption Date; (7) the paragraph of the Notes and/or Section 3.02 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 with respect to such redemption. At the Company’s Issuers’ request, the Trustee will 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 have delivered to the Trustee, at least forty-five (45) days Business Days prior to the redemption datedate of giving such notice (unless a shorter notice period shall be satisfactory to the Trustee), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Such Officers’ Certificate may be combined with the Officers’ Certificate referred to in Section 3.01.

Appears in 2 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP)

Notice of Redemption. At least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company Issuers will mail deliver or cause to be maileddelivered, by first class mailmail or electronic 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 sent more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 15 days prior (or such shorter period of time as the Trustee may agree) to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraphs.

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 thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will Issuer shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) 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 9 8 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 45 days prior to the redemption datedate (or such shorter period as to which the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Symbion Inc/Tn), Indenture (Usp Mission Hills, Inc.)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail deliver or cause to be mailed, by first class mail, delivered a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption datedate (or such shorter period as the Trustee in its sole discretion may allow and including, for the avoidance of doubt, in the case of a Special Mandatory Redemption), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. 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 to the Holders of the Notes shall also be delivered to the Companies’ Announcements Office of the Irish Stock Exchange and, in connection with any redemption, the Company will notify the Irish Stock Exchange of any change in the principal amount of Notes outstanding.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Ball Corp), Third Supplemental Indenture (Ball Corp)

Notice of Redemption. At least thirty (30) days but not 10 days, and no more than sixty (60) days 60 days, before a redemption dateRedemption Date, the Company will Issuer shall mail or cause to be mailed, or deliver electronically or cause to be delivered electronically for any Notes held by first class mailthe 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 for any Notes held by the Depository, more than sixty (60) 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 or delivers electronically such notice to Articles 9 Holders, it shall mail or 13 hereofdeliver electronically, as applicable, 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 priceprice and the amount of premium (or the manner of calculation the redemption price and/or premium) and accrued interest to be paid; (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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 requestwritten request made at least five Business Days prior to the date on which notice is to be given (or such shorter period as the Trustee in its sole discretion may agree), the Trustee will shall give the notice of redemption prepared by the Issuer, in the CompanyIssuer’s name and at its the Issuer’s sole expense; provided. In such event, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that Issuer shall provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraphrequired by this Section 3.03.

Appears in 2 contracts

Samples: Indenture (News Corp), Indenture (News Corp)

Notice of Redemption. (a) At least thirty (30) 30 days but not more than sixty (60) 60 days before a date for redemption dateof Notes, the Company will shall mail or cause to be mailed, by first class mail, a notice of redemption by first class mail to each Holder whose of Notes are to be redeemed at its such Xxxxxx’s registered address, except that redemption notices may be mailed more than sixty . (60b) days prior to a redemption date if the Such notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 hereof. The notice will shall identify the Notes to be redeemed and will shall state: (1i) the redemption dateRedemption Date; (2ii) the redemption priceRedemption Price and the amount of accrued interest (including amounts to be accreted to principal of the Notes) to the 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made); (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 will shall give the notice of redemption in the Company’s name and at its the Company’s expense; provided. In such event, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that shall provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraphrequired by this Section 3.03.

Appears in 2 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)

Notice of Redemption. At least thirty (30) 10 days but not more than sixty (60) 60 days before a the redemption date, the Company Issuers will mail send or cause to be mailedsent, by electronic delivery or by first class mailmail postage 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 more than sixty (60) 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 9 VIII or 13 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; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-three (3) Business Days (or if any of the Notes to be redeemed are in definitive form, five (455) days Business Days) prior to the redemption datedate on which the Issuers instruct the Trustee to give the notice (or such shorter period as the Trustee may agree), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Notice of any optional redemption of the Notes may, at the 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 one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or purchase is so 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 redemption date may be delayed until such time 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 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. At Except as described under Section 3.08, at least thirty (30) 10 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, mailed by first class mail, mail (or 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 given more than sixty (60) 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 9 Article 8 or 13 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; price (3) if any Note is being redeemed in part, then determined and otherwise the portion method 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be madedetermination); (4c) [reserved]; (d) 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 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 forty-five (45) days prior Trustee pursuant to the redemption date, an Officer’s 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. If such redemption is subject to the satisfaction of one or more conditions precedent, the related notice shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the date of redemption may be delayed until such time as any or all such conditions shall 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 been satisfied or waived by the date of redemption, or by the date of redemption 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 Subject to the provisions of Section 3.09 hereof, at least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mailmail (or in 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 more than sixty (60) 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 9 8 or 13 12 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 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 thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than sixty (60) days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 9 or 13 hereof. The notice will shall identify the Notes to be redeemed (including the CUSIP number) and will shall state: (1a) the redemption dateRedemption Date; (2b) the redemption price; (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 will 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 forty-five (45) 45 days prior to the redemption dateRedemption Date (unless a shorter period shall be acceptable to the Trustee), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)

Notice of Redemption. At least thirty (30a) days but not more than sixty (60) days before a Notice of redemption date, or purchase as provided in Section 10.01 shall be deemed to have been given upon the Company will mail or cause to be mailed, mailing by first class mail, a postage prepaid, of such notice of redemption to each Holder whose of Notes to be redeemed, at its registered address as recorded in the Register, not later than 30 nor more than 60 days prior to the Redemption Date. Any such notice shall state: (i) the expected Redemption Date, (ii) the Redemption Price, (iii) if less than all Outstanding Notes are to be redeemed at its registered addressredeemed, except that redemption notices may be mailed more than sixty the identification (60and, in the case of partial redemption, the respective principal amounts) 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 9 or 13 hereof. The notice will identify the particular Notes to be redeemed and will state:redeemed, (1iv) that on the redemption date; (2) Redemption Date the redemption price; (3) if any Note is being redeemed in part, the portion of 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 (or appropriate adjustments to the amount Redemption Price and beneficial interests in the Global Note will be made); (4) 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 election of the Company shall be given by the Company or, at the written request of the Company delivered at least five Business Days prior to the correctness or accuracy date proposed for the mailing of such notice, by the Trustee in the name and at the expense of the CUSIP number, if any, listed in Company; provided that such notice or printed on the Notes. At the Company’s request, to the Trustee will give 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 Company’s name and at its expense; providedmanner herein provided shall be conclusively presumed to have been given, howeverwhether or not the Holder receives such notice. In any case, that the Company has delivered failure to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s 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 paragraphnotice 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.

Appears in 2 contracts

Samples: Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Co)

Notice of Redemption. At least thirty (30) 10 days but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, or send 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 sent more than sixty (60) 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 9 Article 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1a) the redemption date; (2b) the redemption priceprice (if then determined and otherwise the method of determination); (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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 forty-five (45) days prior Trustee pursuant to the redemption date, an Officer’s 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. Notice of any redemption of the Notes may, 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 one or more conditions precedent, including any related completion of an Equity Offering or other corporate transaction or event. If such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, 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 Subject to the provisions of Section 3.09 hereof, at least thirty 30 days (30or such shorter period as may be permitted by the eligibility rules of the Depositary) days but not more than sixty (60) 60 days before a redemption date, the Company will send electronically, or mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressredeemed, except that redemption notices may be sent or mailed more than sixty (60) 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 9 8 or 13 11 hereof. The notice will identify the Notes to be redeemed and will state: (1) the redemption date; (2) the redemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)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 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 date that is at least one Business Day (or such shorter period as may be permitted by the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that 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 paragraphaccordance 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. 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 thirty (30) days 30 but not more than sixty (60) 60 days before a the redemption date, the Company will mail or cause to be mailed, by first class mail, 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 more than sixty (60) 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 9 or 13 hereofIndenture. The notice will shall identify the Notes Securities to be redeemed and will shall state: (1) the redemption date; (2) the redemption 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 (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; (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 will shall agree) prior to the redemption date, the Trustee shall give the notice of redemption in the Company’s name and at its the Company’s expense; provided. In such event, however, that the Company has delivered to the Trustee, at least forty-five (45) days prior to the redemption date, an Officer’s Certificate requesting that shall provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraphrequired by Sections 3.01 and 3.03.

Appears in 2 contracts

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

Notice of Redemption. (a) At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption date, the Company will mail or cause to be mailed, by first class mail, 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 more than sixty (60) 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 9 8 or 13 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; (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 (or appropriate adjustments with respect to a Global Note a notation shall be made on Schedule A thereto to reduce the principal amount and beneficial interests in of the Global Note will be made)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 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 forty-five (45) 45 days prior to the redemption date, an Officer’s Officers' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)

Notice of Redemption. At least thirty (30) days but not more than sixty (60) 90 days before a redemption dateRedemption Date, the Company will mail shall mail, or cause to be mailed, by first class mail, 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 more than sixty (60) days prior to a redemption date if his or 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 9 or 13 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 priceprice (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 and not the redemption 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 Note (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)issued; (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 will 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 forty-five (45) Trustee no later than two business days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Appears in 2 contracts

Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Notice of Redemption. At least thirty (30) 30 days but not more than sixty (60) 60 days before a redemption dateRedemption Date, the Company will mail or Trustee, in the name and at the expense of the Company, shall cause notice of redemption to be mailed, by first first-class mailpostage 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 more than sixty (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 9 or 13 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 priceRedemption 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 (or appropriate adjustments to the amount and beneficial interests in the Global Note will be made)Conversion 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 will 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 forty-five (45) days three Business Days prior to the redemption date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphof redemption.

Appears in 2 contracts

Samples: Indenture (Talk Radio Network Inc), Indenture (Multiverse Acquisition Corp)

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