Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state: (a) the Redemption Date; (b) the redemption price; (c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note; (d) the name and address of the Paying Agent; (e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price; (f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date; (g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; (h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and (i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Senior Secured Notes Indenture (American Tire Distributors Holdings, Inc.), Senior Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.)
Notice of Redemption. Subject to Section 3.09 hereofThe Issuers shall send electronically, the Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 10 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address stated in the Note Register or otherwise in accordance with the Applicable Procedures, except that redemption notices may be delivered or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices Notices of redemption may not may, at the Issuers’ discretion, be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder upon cancellation of the original Note; provided that new Notes will only be issued in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP number and ISIN numberISIN, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and number or ISIN number that is listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition conditions to such redemption. In addition, any notice of redemption may include additional information, including any information pursuant to Section 3.07(f) hereof. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s Issuers’ name and at its their expense; provided that the Issuer Issuers shall have delivered to the Trustee, at least five two Business Days before notice of redemption is required to be delivered electronically, mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the 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. If the Notes are listed on an exchange, for so long as the Notes are so listed and the rules of such exchange so require, the Issuer Issuers shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Summit Materials, LLC), Indenture (Summit Materials, LLC)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 15 days but not more than 60 days before a Redemption Date, the Redemption Date Issuers will mail or cause to be mailed, by first class mail, (or sent electronically in the case of notices to DTC) a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed given more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 or Article 11 hereof. Except Notice of any redemption of the Notes (including upon an Equity Offering or in connection with a transaction (or series of related transactions) that constitute a Change of Control) may, at the Issuers’ discretion, be given prior to the completion thereof and be subject to one or more conditions precedent, including, but not limited to, completed of the related Equity Offering or Change of Control. In addition, if such redemption 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 (including more than 60 days after the date the notice of redemption was delivered) as set forth in Section 3.07 hereofany or all such conditions shall be satisfied, notices of or such redemption may not occur and such notice may be conditionalrescinded 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, 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. The notice shall will identify the Notes to be redeemed and shall will state:
(a1) the Redemption Date;
(b2) the redemption price, if then determinable and, if not, the manner of its determination;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder thereof upon cancellation of the original Note;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h8) any condition precedent to the redemption; and
(9) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall will give the notice of redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer shall Issuers have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Trustee an Officers’ Certificate in accordance with Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate 3.01 requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically send or mail or caused cause to be mailed sent by electronic delivery or first-class mail, postage prepaid, mail notices of redemption at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance address, with Applicable Proceduresa copy to the Trustee, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth provided for in Section 3.07 hereof3.07(c), notices of redemption may not be conditional. The notice shall identify the Notes (including the CUSIP and ISIN numbers) to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five Business Days 15 days before notice of redemption is required to be mailed sent or caused to be mailed sent to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (INC Research Holdings, Inc.), Indenture (INC Research Holdings, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth Discharge, the Issuers shall mail or cause to be mailed, by first class mail (or otherwise sent in Section 3.07 hereofaccordance with the applicable procedures of the Depositary), notices a notice of redemption may not to each Holder whose Notes are to be conditionalredeemed at its registered address. The notice shall identify the Notes to be redeemed (including “CUSIP” numbers and corresponding “ISINs”, if applicable) and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, payment and interest on Notes called for redemption ceases 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;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition conditions precedent to such redemption. If any of the Notes to be redeemed is in the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with the procedures of the Depositary applicable to redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before a Redemption Date, the Redemption Date Company shall mail by first-class mail a notice of redemption to each Holder of holder whose Notes are to be redeemed redeemed, at such Holder’s holder's registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionaladdress. The notice shall identify the Notes to be redeemed and shall state:
(a1) the Redemption Date;
(b2) the redemption priceRedemption Price;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Note that is to be redeemed and that, after the Redemption Date 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 shall will be issued in the name of the Holder upon cancellation of the original Noteholder thereof;
(d) the name and address of the Paying Agent;
(e4) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(f5) that, unless the Issuer defaults in making such redemption payment, that interest on Notes called for redemption and for which funds have been set apart for payment, ceases to accrue on and after the Redemption DateDate (unless the Company defaults in the payment of the Redemption Price or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture);
(g6) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h7) the aggregate principal amount of Notes (if less than all) that are being redeemed;
(8) the CUSIP number of the Notes (provided that the disclaimer permitted by Section 2.13 may be made);
(9) the name and ISIN number, if any, printed address of the Paying Agent;
(10) that Notes called for redemption may be converted at any time prior to the close of business on the Notes being redeemed last Trading Day immediately preceding the Redemption Date and that no representation is made as if not converted prior to the correctness or accuracy close of any business on such CUSIP and ISIN number that is listed in such notice or printed on date, the Notesright of conversion will be lost; and
(i11) that in the case of Notes or portions thereof called for redemption on a date that is also an Interest Payment Date, the interest payment 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 connection with 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 pursuant to Section 3.07 hereof, of any condition to such redemptionNote. At the Issuer’s Company's request, the Trustee shall give the notice of redemption in the Issuer’s Company's name and at its the Company's expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 Not less than 10 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, postage prepaid, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s registered address or otherwise in accordance their respective addresses as they appear on the registration books of the Registrar, with Applicable Proceduresa copy to the Trustee and the Paying Agent, except that redemption notices may be mailed more than 60 15 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 VIII or a satisfaction and discharge of this Indenture pursuant to Article 11 hereof. Except X. So long as set forth in Section 3.07 hereofany series of the Notes is listed on the official list of the Exchange and admitted to trading on the Euro MTF Market and if required by the rules and regulations of the Exchange, notices the Company shall provide any notice of redemption may not be conditionalto the Exchange and publish it on the website of the Exchange (xxx.xxxxxx.xx). The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Daterecord date for the redemption and the redemption date;
(b) the redemption price;
(c) if any Definitive Note series of Notes is to be being redeemed in part onlypart, the portion of the principal amount of that Note that is thereof to be redeemed (including the beginning and ending pool factor for Notes represented by a Global Note) and that, after the Redemption Date redemption date upon surrender (if applicable) 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Definitive Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption paymentpayment or the relevant 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 Dateredemption date, unless the redemption price is not paid on the redemption date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and the ISIN number that is or Common Code number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s requestdirection, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer shall have Company has delivered to the Trustee, at least five 5 Business Days before prior to the date on which the Company is to give notice of redemption is required to be mailed or caused to be mailed to the Holders pursuant to this Section 3.03 (unless a shorter notice period shall be agreed acceptable to by the TrusteeTrustee in its sole discretion), an Officer’s Certificate requesting that directing the Trustee to give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Notice of Redemption. Subject Except as otherwise provided in Section 3.08 hereof in relation to Section 3.09 hereofa mandatory redemption, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereofDischarge, notices the Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption may not to each Holder whose Notes are to be conditionalredeemed at its registered address. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default 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 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;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a redemption pursuant the Applicable Procedures of the Depository applicable to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days ten days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.03, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 days but not more than 60 days before a Redemption Date, the Redemption Date Issuer shall send or cause to be sent, by electronic delivery or by first class mail postage prepaid, a notice of redemption to each Holder of (with a copy to the Trustee) whose Notes are to be redeemed at the address of such Holder’s registered address Holder appearing in the security register or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 VIII or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. XI.
(b) The notice shall will identify the Notes (including the CUSIP or ISIN number) to be redeemed and shall will state:
(a1) the Redemption Date;
(b2) the redemption price;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder upon cancellation of the original Note;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and 8) that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i9) if any conditions to redemption.
(c) If any Note is to be redeemed in connection with 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 pursuant to Section 3.07 hereofnotice (including any conditions contained therein), any condition to such 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.
(d) At the Issuer’s request, the Trustee shall will give the notice of redemption in the Issuer’s name and at its their expense; provided provided, however, that the Issuer shall have Issuer’s has delivered to the Trustee, at least five (5) Business Days (or such shorter period as may be agreed to by the Trustee) before notice of redemption is required to be mailed sent or caused to be mailed sent to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)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 paragraph. If the Notes are listed on an exchange, and the rules paragraphs of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesthis Section 5.3.
Appears in 2 contracts
Samples: Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 10 days but not more than 60 days before a redemption date, the Redemption Date Issuer will deliver a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed delivered more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with a defeasance of the Notes of a series or a satisfaction and discharge of this Indenture pursuant to Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional12. The notice shall will identify the Notes to be redeemed and shall will state:
(a) the Redemption Dateredemption date;
(b) the redemption price, or if not then ascertainable, the manner of calculation thereof;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a any conditions precedent to which the redemption pursuant to Section 3.07 hereof, any condition to such redemptionis subject. At the Issuer’s request, the Trustee shall will give the notice of redemption in the Issuer’s name and at its expense; provided provided, however, that the Issuer shall have has delivered to the Trustee, at least five Business Days before notice of 10 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter notice shall be agreed period is acceptable to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information form of notice to be stated provided. Any such redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including completion of any related Equity Offerings, Change of Control or other transaction. If such redemption is subject to the satisfaction of one or more conditions precedent, the related notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied or waived, 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 redemption date, or by the redemption date as so delayed. In addition, the Issuer may provide in such notice as provided that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person (it being understood that any such provision for payment by another Person will not relieve the Issuer and the Guarantors, if any, from their obligations with respect to such redemption in the preceding paragraph. If the Notes are listed on an exchange, event such other person fails to do so and the rules of all conditions to such exchange so require, the Issuer shall notify the exchange of any such redemption andredemption, if applicableany, of the principal amount of any Notes outstanding following any partial redemption of Notesare satisfied).
Appears in 2 contracts
Samples: Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the (a) The Issuer shall deliver electronically or mail or caused deliver by electronic transmission in accordance with the Applicable Procedures, or cause to be mailed (or delivered by first-class mail, postage prepaid, electronic transmission in accordance with the Applicable Procedures) notices of redemption at least 30 of Notes not less than 10 days but not more than 60 days before the Redemption Date redemption date to each Holder of (with a copy to the Trustee) whose Notes are to be redeemed pursuant to this Article at such Holder’s registered address or otherwise in accordance with the Applicable Procedures, except that redemption notices may be mailed or delivered more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. 11.
(b) The notice shall identify the Notes to be redeemed (including CUSIP and ISIN number, if applicable) and shall state:
(a1) the Redemption Dateredemption date;
(b2) the redemption price, including the portion thereof representing any accrued and unpaid interest; or if not then ascertainable, the manner of calculation thereof;
(c3) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Noteredeemed;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the 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 Dateredemption date;
(g7) the paragraph or subparagraph of the Notes and/or or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and 8) that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and;
(i9) if in connection with a redemption pursuant to Section 3.07 hereofapplicable, any condition to such redemption. ; and
(10) if applicable, that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person.
(c) At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its the Issuer’s expense; provided that the Issuer shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed sent or caused to be mailed sent to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice, together with the notice and to be given, setting forth the information to be stated in such notice as provided in Section 3.03(b).
(d) Notice of any redemption of the preceding paragraphNotes may, at the Issuer’s discretion, be given prior to the consummation of a transaction or event (including an Equity Offering, an incurrence of Indebtedness, a Change of Control Triggering Event or other transaction or event) and any such redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent (including the consummation of an Equity Offering, an incurrence of Indebtedness, a Change of Control Triggering Event or other transaction or event). In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice 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 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 so delayed. If the Notes are listed on an exchange, and the rules of any such exchange so requirecondition precedent has not been satisfied, the Issuer shall notify provide notice to the exchange Trustee and each Holder prior to the close of any business two Business Days prior to the redemption date. Upon receipt of such notice, the notice of redemption and, if applicable, shall be rescinded and the redemption of the principal amount Notes shall not occur. If requested by the Issuer, upon receipt of any Notes outstanding following any partial the rescission notice, the Trustee shall provide such notice to each Holder in the same manner in which the notice of redemption of Noteswas given if such notice was delivered by the Trustee.
Appears in 2 contracts
Samples: Senior Notes Indenture (Neogen Corp), Senior Notes Indenture (Garden SpinCo Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer The Company shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, delivered notices of redemption at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices Notices of redemption may be subject to conditions specified in the notice. Failure to give notice of redemption, or any defect therein to any Holder of any Note selected for redemption shall not be conditionalimpair or affect the validity of the redemption of any other Note. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice (or the method by which the redemption price is to be determined);
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 shall will be issued in the name of the Holder of the Notes (unless such unredeemed portion is equal to or less than $1,000 in principal amount) or transferred by book entry upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, payment and interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed, as applicable;
(h) the CUSIP and ISIN number, if any, printed on and the Notes being redeemed and statement that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided that the Issuer Company shall have delivered to the Trustee, at least five 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s the Officers’ Certificate specified in Section 3.01 and requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer Notices of purchase or redemption shall deliver be delivered electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date purchase or redemption date to each applicable Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of any Notes or Article 11 hereofa satisfaction and discharge of this Indenture. Except as set forth If any Note is to be purchased or redeemed in Section 3.07 hereofpart only, notices any notice of purchase or redemption may not that relates to such Note shall state the portion of the principal amount thereof that has been or is to be conditionalpurchased or redeemed. The notice shall identify the Notes (including the CUSIP number) to be redeemed and shall state:
(a1) the Redemption Dateredemption date;
(b2) the redemption priceprice (or manner of calculation if not then known);
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall be issued in the name of the Holder upon cancellation of the original Note;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g7) the paragraph or subparagraph of the Notes and/or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and 8) that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided provided, however, that the Issuer shall have has delivered to the Trustee, at least five Business Days before notice of 30 days prior to the redemption is required to be mailed date (or caused to be mailed to Holders pursuant to this Section 3.03 (unless a such shorter notice period as the Trustee shall be agreed to by the Trusteeagree), 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (CPG Newco LLC), Indenture (CPG Newco LLC)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices Notice of redemption shall be given in the manner provided in Section 1.06, at least 30 days days, but not more than 60 days before days, prior to the Redemption Date Date; provided, that failure to each give such notice in the manner herein provided to the Holder of Notes any Note designated for redemption as a whole or in part, or any defect in the notice to be redeemed at any such Holder’s registered address , shall not affect the validity of the proceedings for the redemption of any other such Note or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereofportion thereof. Except as set forth in Section 3.07 hereof, All notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price;
(c) if less than all Outstanding Notes are to be redeemed, the identification (and, in the case of partial redemption, the principal amount) of the particular Notes to be redeemed;
(d) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of that such Note that is to be redeemed redeemed, and that, the notice that relates to such Note shall state that on and after the Redemption Date Date, upon surrender of such Note, the Holder shall receive, without a charge, a new Note or Notes in of authorized denominations for the principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agentthereof remaining unredeemed;
(e) that on the Redemption Date, the Redemption Price shall become due and payable upon each such Note, or the portion thereof, to be redeemed;
(f) that the interest on the Note or the portion of the principal amount of the Note to be redeemed accrued to, but excluding, the Redemption Date will be paid as specified in such notice and that on and after the Redemption Date, interest thereon or on the portion thereof to be redeemed will cease to accrue;
(g) the Place or Places of Payment where such Notes are to be surrendered for payment of the Redemption Price;
(h) that Notes called for redemption must be presented and surrendered to the Paying Agent to collect the redemption price;
(fi) that, unless the Issuer defaults in making such redemption payment, interest on then current Conversion Consideration;
(j) that the Notes called for redemption ceases may be converted for the Conversion Consideration at any time before the close of business on the last Business Day prior to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hk) the CUSIP and ISIN numbernumber of such Note, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(il) if that a Holder of Notes who desires to voluntarily convert Notes must satisfy the requirements for voluntary conversion contained in connection with a such Notes. Notice of redemption pursuant of Notes to Section 3.07 hereofbe redeemed shall be given by the Company or, any condition to such redemption. At at the Issuer’s Company's request, by the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, expense of the principal amount of any Notes outstanding following any partial redemption of NotesCompany.
Appears in 2 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 days but not more than 60 days before a redemption date, the Redemption Date Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of the Notes or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices a satisfaction and discharge of redemption may not be conditionalthis Indenture. The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Dateredemption date;
(bii) the redemption price;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount at maturity of that such 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 shall be issued in the name of the Holder thereof upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceprice and become due on the date fixed for redemption;
(fvi) that, unless the Issuer defaults Issuers default in making such redemption payment, interest interest, if any, on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(gvii) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hviii) the CUSIP and ISIN number, or any similar number, if any, printed on the Notes being redeemed and redeemed; and
(ix) that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and.
(ib) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s Issuers’ name and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of 45 days (or such shorter time as the Trustee may agree) prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption andThe notice, if applicablemailed in the manner provided herein shall be presumed to have been given, of whether or not the principal amount of any Notes outstanding following any partial redemption of NotesHolder receives such notice.
Appears in 2 contracts
Samples: Indenture (Windstream Services, LLC), Indenture (Windstream Services, LLC)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before a redemption date, the Redemption Date Company will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of the Notes or Article 11 a satisfaction and discharge of this Indenture pursuant to Articles VIII or XII hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall will identify the Notes (including the CUSIP number) to be redeemed and shall will state:
(a1) the Redemption Dateredemption date;
(b2) the redemption price;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g7) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and 8) that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall will give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer shall have Company has delivered to the Trustee, at least five Business Days before notice of 35 days prior to the redemption is required to be mailed date (or caused to be mailed to Holders pursuant to this Section 3.03 (unless a such shorter notice period as the Trustee shall be agreed to by the Trusteeagree), 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer Notice of redemption shall deliver electronically or mail or caused to be mailed given by first-class mail, postage prepaid, notices of redemption at least 30 days but mailed not less than 30nor more than 60 days before prior to the Redemption Date Date, to each Holder of Notes to be redeemed redeemed, at such Holder’s registered its address or otherwise appearing in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereofNote register. Except as set forth in Section 3.07 hereof, All notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price;
(c) if any Definitive less than all outstanding Notes are to be redeemed, the identification (and, in the case of a Note is to be redeemed in part onlypart, the portion aggregate principal amount to be redeemed) of the principal amount of that Note that is particular Notes 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 representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Noteredeemed;
(d) that on the name Redemption Date the Redemption Price will become due and address payable upon each such Note or portion thereof, and that unless the Issuer shall default in payment of the Paying AgentRedemption Price, interest thereon shall cease to accrue on and after said date;
(e) the place or places where such Notes are to be surrendered for payment of the Redemption Price;
(f) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption DatePrice;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as relating to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(ih) if in connection with the case of a Note to be redeemed in part, the aggregate principal amount of such Note to be redeemed and that after the Redemption Date upon surrender of such Note, new Note or Notes in the aggregate principal amount equal to the unredeemed portion thereof will be issued. Notice of redemption pursuant of Notes to Section 3.07 hereofbe redeemed at the election of the Issuer shall be given by the Issuer or, any condition to such redemption. At the Issuer’s at its request, by the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, expense of the principal amount of any Notes outstanding following any partial redemption of NotesIssuer.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Triton Energy LTD), First Supplemental Indenture (Triton Energy LTD)
Notice of Redemption. Subject to (a) Other than as provided in Section 3.09 hereof3.03(b), the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 not less than 10 days but not more than 60 days before a date for redemption of Notes, the Redemption Date to each Holder Issuer shall transmit a notice of Notes to be redeemed at such Holder’s registered address or otherwise redemption in accordance with Applicable ProceduresSection 12.01. If such Notes are in global form, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not will be conditionaldelivered to DTC for communication to the entitled account holders. The notice shall identify the Notes to be redeemed and shall state:
(a1) the Redemption Dateredemption date and the record date;
(b2) the redemption price, and, if applicable, the appropriate calculation of such redemption price and the amount of accrued interest to the redemption date;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d3) the name and address of the Paying Agent;
(e4) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f5) if fewer than all the outstanding Notes are to be redeemed, the certificate numbers and principal amounts of the particular Notes to be redeemed;
(6) that, unless the 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 (or portion thereof) called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g7) the paragraph Common Codes, ISIN or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, as applicable, if any, printed on the Notes being redeemed and redeemed;
(8) the paragraph of the Notes or section of this Indenture pursuant to which the Notes are being redeemed;
(9) that no representation is made as to the correctness or accuracy of any such the Common Codes, ISIN or CUSIP and ISIN number that is number, as applicable, if any, listed in such notice or printed on the Notes; and
(i10) if any Notes are to be redeemed in connection with a redemption pursuant part only, the portion of the principal amount thereof to Section 3.07 hereof, any condition to such redemption. be redeemed.
(b) At the Issuer’s requestrequest and expense, the Trustee or the Paying Agent shall give the notice of redemption in the Issuer’s name and at its expense; provided that name. In such event, the Issuer shall have delivered provide the Trustee and the Paying Agent at least two Business Days prior to the Trustee, at least five Business Days before date on which notice of redemption is required to be mailed or caused to be mailed delivered to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed period of time is acceptable to by the TrusteeTrustee and the Paying Agent), an Officer’s Certificate requesting that the Trustee or the Paying Agent to give such notice and setting forth also containing the information required to be stated contained in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notespursuant to this Section 3.03.
Appears in 2 contracts
Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the The Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, mail notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 3.07(c) hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceprice (or method of calculating it);
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the place and address that payment will be made upon presentation and surrender of the Notes to be redeemed;
(e) the name and address of the Paying Agent;
(ef) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fg) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(gh) the paragraph or subparagraph of the Notes and/or Section of this First Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed;
(hi) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(ij) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Supplemental Indenture (HCA Holdings, Inc.), Supplemental Indenture (HCA Holdings, Inc.)
Notice of Redemption. Subject to the provisions of Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionaladdress. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases cease to accrue on and after the Redemption Dateredemption date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with a redemption pursuant the procedures of the Depository applicable to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Company's request, the Trustee shall give the notice of redemption in the Issuer’s Company's name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least 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 (unless the Company and the Trustee agree to a shorter notice shall be agreed period) prior to by the Trustee)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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Saevik Shipping As), Indenture (Trico Marine Services Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 10 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereofDischarge, notices the Issuers shall mail or cause to be mailed, by first class mail (and when all the outstanding Notes are Global Notes, sent pursuant to the Applicable Procedures), a notice of redemption may not to each Holder whose Notes are to be conditionalredeemed at its registered address. In the case of redemption pursuant to Section 3.07(b), the redemption notice may, at the Company’s discretion, be subject to one or more conditions precedent and be given prior to the completion of the related Equity Offering.
(b) The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Dateredemption date;
(bii) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fvi) that, unless the Issuer defaults Issuers default in making such redemption payment, interest 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;
(gvii) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(iix) if any conditions precedent to the redemption.
(c) If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a the procedures of the Depositary applicable to redemption.
(d) A notice of redemption with respect to any redemption pursuant Section 3.07(c) need not set forth the Make-Whole Premium but only the manner of calculation thereof in reasonable detail. The Issuers will notify the Trustee of the Make-Whole Premium with respect to Section 3.07 hereofany such redemption promptly after the calculation, any condition to and the Trustee shall not be responsible for such redemption. calculation.
(e) At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of NotesSection 3.03(b).
Appears in 2 contracts
Samples: Senior Notes Indenture (Genesis Energy Lp), Twenty First Supplemental Indenture (Genesis Energy Lp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedures, a redemption date (except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereofDischarge), the Company shall mail or cause to be mailed, by first class mail, or otherwise given in accordance with the procedures of the Depositary, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee). Except as set forth in Section 3.07 hereof, notices Notices of redemption may not be conditional. .
(b) The notice shall identify the Notes to be redeemed and shall state:
(a1) the Redemption Dateredemption date;
(b2) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c3) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the applicable Holder upon cancellation of the original Note;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer Company defaults in making such redemption payment, interest 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;
(g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) 8) the CUSIP and ISIN (or ISIN) number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is (or ISIN) number, if any, listed in such notice or printed on the Notes; and
(i9) if a description of any conditions to the Company’s obligations to complete the redemption.
(c) If any of the Notes to be redeemed is in connection the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with a redemption pursuant the procedures of the Depositary applicable to Section 3.07 hereof, any condition to such redemption. .
(d) At the IssuerCompany’s request, the Trustee shall give the notice of optional redemption in the IssuerCompany’s name and at its expense; provided that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Subordinated Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionaladdress. The notice shall identify the Subordinated Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Subordinated Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Subordinated Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such Subordinated Note, a new Subordinated Note or Subordinated Notes in aggregate principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Subordinated Note;
(d) the name and address of the Paying Agent;
(e) that Subordinated Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Subordinated Notes or portions thereof called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Subordinated Notes and/or Section of this Indenture pursuant to which the Subordinated Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Subordinated Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Company's request, the Trustee shall give the notice of redemption in the Issuer’s Company's name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of 10 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)date, an Officer’s Officers' Certificate requesting that the Trustee give such notice and setting forth that the information to be stated in text of such notice as provided in shall be prepared or approved by the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of NotesCompany.
Appears in 2 contracts
Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer Notice of redemption shall deliver electronically or mail or caused to be mailed given by first-class mail, postage prepaid, notices of redemption at least mailed not less than 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed nor more than 60 days prior to a the Redemption Date if Date, to each Holder of Subordinated Notes to be redeemed, at the notice is issued address of such Holder appearing in connection with Article 8 or Article 11 hereofthe Subordinated Note register maintained by the Registrar. Except as set forth in Section 3.07 hereof, All notices of redemption may not be conditional. The notice shall identify the Subordinated Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price and the amount of accrued interest, if any, to be paid;
(c) that, unless Alderwoods defaults in making the redemption payment, interest on Subordinated Notes called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Subordinated Notes is to receive payment of the Redemption Price and accrued interest, if any, upon surrender to the Paying Agent of the Subordinated Notes redeemed;
(d) if any Definitive Subordinated Note is to be redeemed in part onlypart, the portion of the principal amount (equal to $100 or any integral multiple thereof) of that such Subordinated Note that is to be redeemed and that, that on and after the Redemption Date Date, upon surrender for cancellation of such Noteoriginal Subordinated Note to the Paying Agent, a new Subordinated Note or Subordinated Notes in the aggregate principal amount equal to the unredeemed portion of the original Note representing the same indebtedness thereof will be issued without charge to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying AgentHolder;
(e) that Subordinated Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price and accrued interest, if any, and the name and address of the Paying Agent;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that relating to such Subordinated Notes, but no representation is made as to the correctness or accuracy of any such CUSIP numbers;
(g) the paragraph of the Subordinated Notes or Section of this Indenture pursuant to which the Subordinated Notes are being redeemed;
(h) the Holder's right to convert pursuant to Article 14 and ISIN number that is listed in such notice or printed on the Noteslast available date for conversion prior to the Redemption Date;
(i) the current Conversion Price; and
(ij) if in connection with a the name and address of the Conversion Agent. Notice of redemption pursuant of Subordinated Notes to Section 3.07 hereof, any condition to such redemption. At be redeemed at the Issuer’s request, election of Alderwoods shall be given by Alderwoods or by the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of NotesAlderwoods.
Appears in 2 contracts
Samples: Indenture (Loewen Group International Inc), Indenture (Alderwoods Group Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the a Redemption Date (other than in connection with a Required Regulatory Redemption), the Company shall mail or cause to be mailed, by first class mail, an unconditional notice of redemption to each Holder (or the affected Holder in the case of a Required Regulatory Redemption) whose Notes are to be redeemed at such Holder’s its registered address or otherwise address. In the event of a Required Regulatory Redemption, notice of redemption shall be given in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional3.09. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceprice and the amount of interest (including Additional Interest), if any;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Company's request, the Trustee shall give the notice of redemption in the Issuer’s Company's name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice 45 days prior to the Redemption Date (or 5 days prior to the date of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless any Required Regulatory Redemption, in the case of a shorter notice shall be agreed to by the TrusteeRequired Regulatory 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before a redemption date, the Redemption Date Owner Lessor shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of Noteholder whose Lessor Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresand, except that redemption notices may be mailed more than 60 days prior for as long as the Bonds are outstanding, the Bondholder Trustee and each holder of the Bonds corresponding to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices tenor and the principal amount of redemption may not be conditionalthe Lessor Notes being redeemed. The notice shall identify the Lessor Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Lessor Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Lessor Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such Lessor Note, a new Lessor Note or Lessor Notes in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Lessor Note;
(d) the name and address of the Paying Agent;
(e) that Lessor Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Owner Lessor defaults in making such redemption payment, interest on Lessor Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Lessor Notes and/or Section of this Lease Indenture pursuant to which the Lessor Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Lessor Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Owner Lessor's request, the Lease Indenture Trustee shall give the notice of redemption in the Issuer’s Owner Lessor's name and at its expense; provided PROVIDED, HOWEVER, that the Issuer Owner Lessor shall have delivered to the Lease Indenture Trustee, at least five Business Days before notice of 45 days prior to the redemption is required date (or such shorter time period acceptable to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Lease Indenture Trustee), an Officer’s 's Certificate requesting that the Lease Indenture Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture of Trust, Open End Mortgage and Leasehold Mortgage and Security Agreement (Eme Homer City Generation Lp), Indenture of Trust and Security Agreement (Eme Homer City Generation Lp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 15 days but not more than 60 days before a Redemption Date, the Redemption Date Issuers will mail or cause to be mailed, by first class mail (or sent electronically in the case of notices to DTC) a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed given more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 or Article 11 hereof. Except Notice of any redemption of the Notes (including upon an Equity Offering or in connection with a transaction (or series of related transactions) that constitute a Change of Control) may, at the Issuers’ discretion, be given prior to the completion thereof and be subject to one or more conditions precedent, including, but not limited to, completion of the related Equity Offering or Change of Control. In addition, if such redemption 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 (including more than 60 days after the date the notice of redemption was delivered) as set forth in Section 3.07 hereofany or all such conditions shall be satisfied, notices of or such redemption may not occur and such notice may be conditionalrescinded 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, 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. The Issuers shall provide written notice to the Trustee prior to the close of business two business days prior to the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder of Notes in the same manner in which the redemption notice was given. The notice shall will identify the Notes to be redeemed and shall will state:
(a1) the Redemption Date;
(b2) the redemption price, if then determinable and, if not, the manner of its determination;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder thereof upon cancellation of the original Note;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h8) any condition precedent to the redemption; and
(9) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall will give the notice of redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer shall Issuers have delivered to the Trustee, at least five Business Days before Trustee written notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this in accordance with Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate 3.01 requesting that the Trustee give such notice and a form of the notice of redemption setting forth the information to be stated in such notice as provided specified in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Partners LP)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionala Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice (if then determined and otherwise the basis for its determination);
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases cease to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, number printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with a redemption pursuant the procedures of the Depository applicable to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)
Notice of Redemption. Subject (a) Notices of redemption shall be mailed to Section 3.09 hereof, Holders of the Issuer shall deliver electronically or mail or caused Notes to be mailed redeemed by first-class mail, postage prepaid, notices of redemption mail at least 30 days but and not more than 60 days before prior to the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable ProceduresDate, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of Notes pursuant to Article 8 Eight hereof or a satisfaction and discharge of this Indenture pursuant to Article 11 hereof. Except Nine hereof and redemption notices may be mailed not less than three days prior to a Redemption Date if the notice is issued with respect to Notes to be redeemed as set forth in under clause (c) of Section 3.07 3.01 or Section 3.02 hereof, notices . Notices of redemption may not be conditional. .
(b) The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Date;
(bii) the redemption priceRedemption Price;
(ciii) the name and address of the Paying Agent;
(iv) that Notes called for redemption must be surrendered to the Paying Agent in order to collect the Redemption Price;
(v) that, unless the Company defaults in making the redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date and the only remaining right of the Holders is to receive payment of the Redemption Price plus accrued interest to the Redemption Date upon surrender of the Notes to the Paying Agent;
(vi) that, if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount (equal to integral multiples of that U.S.$1,000) of such Note that is to be redeemed and that, on and after the Redemption Date 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 shall thereof will be issued in the name of the Holder upon cancellation of the original Note;reissued; and
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fvii) that, unless the Issuer defaults if any Note contains a CUSIP or ISIN number as provided in making such redemption paymentSection 2.13 hereof, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is being made as to the correctness of the CUSIP or accuracy of any such CUSIP and ISIN number either as printed on the Notes or as contained in the notice of redemption and that is listed in such notice or reliance may be placed only on the other identification numbers printed on the Notes; and.
(ic) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s requestrequest (which request may be revoked by the Company at any time prior to the time at which the Trustee shall have given such notice to the Holders), made in writing to the Trustee at least 60 days (or such shorter period as shall be satisfactory to the Trustee) before a Redemption Date, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered expense of the Company. If, however, the Company gives such notice to the TrusteeHolders, at least five Business Days before notice of redemption is required the Company shall concurrently deliver to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), Trustee an Officer’s Certificate requesting stating that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Noteshas been given.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Notice of Redemption. Subject to Section 3.09 hereof, Notices of optional redemption will be given by first class mail (or electronically in the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices case of redemption Global Notes) at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that optional redemption notices may be mailed given more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article a defeasance of the Notes or satisfaction and discharge of this Indenture pursuant to Articles 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed (including CUSIP numbers) and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice (if then determined and otherwise the basis for its determination);
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption (other than a Global Note) must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and any conditions to redemption; and
(i) that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with a redemption pursuant the Applicable Procedures applicable to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before (or three Business Days in the case of Global Notes) prior to the date notice of such redemption is required to be mailed or caused to be mailed given to Holders pursuant to this Section 3.03 (unless a shorter notice period shall be agreed to by the Trustee)) and, as provided in Section 3.01, 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver notices of purchase or redemption electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days 15 but not more than 60 days before the Redemption Date purchase or redemption date to each Holder of Notes (with a copy to be redeemed the Trustee) at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices Notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 shall be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and number or ISIN number that is Code, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered written notice to the Trustee, at least five Business Days before notice of 20 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter notice shall be agreed to by the Trustee), ) in the form of 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Sotera Health Co), Indenture (Sotera Health Co)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer Issuers shall deliver notices of redemption electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days 10 but not more than 60 days before the Redemption Date purchase or redemption date to each Holder of Notes (with a copy to be redeemed the Trustee) at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices Notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 shall be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. If and for so long as any Notes are listed on the Official List of TISE and if and to the extent the rules of TISE so require, the Issuers will notify TISE of any such notice to the Holders and, in connection with any redemption, the Issuers will notify TISE of any change in the principal amount of Notes outstanding. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s name Issuers’ names and at its their expense; provided that the Issuer Issuers shall have delivered written notice to the Trustee, at least five 5 Business Days before prior to the date on which notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 sent (unless a shorter notice shall be agreed to by the Trustee), ) in the form of 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Notice of Redemption. Subject If the Company elects to redeem any Notes pursuant to the optional redemption provisions of Section 3.09 10.7 hereof, or if the Issuer shall deliver electronically or mail or caused Company is required to be mailed by first-class mailoffer to redeem the Notes pursuant to the mandatory redemption provisions of Section 10.8, postage prepaid, notices notice of redemption at least shall be given in the manner provided in Section 1.6 not less than 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed nor more than 60 days prior to a the Redemption Date if to the notice is issued in connection with Article 8 or Article 11 hereofHolders of the Notes to be redeemed. Except as set forth in Section 3.07 hereof, All notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a1) the Redemption Date;
(b2) the redemption priceRedemption Price and accrued interest to, but excluding, the Redemption Date;
(c3) if fewer than all the Outstanding Notes are to be redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the particular Note or Notes to be redeemed;
(4) in case any Definitive Note is to be redeemed in part only, the portion of the principal amount of notice which relates to such Note shall state that Note that is to be redeemed on and that, after the Redemption Date Date, upon surrender of such Note, the Holder will receive, without a charge, a new Note or Notes in of authorized denominations for the principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Notethereof remaining unredeemed;
(d5) the name Place or Places of Payment where such Notes maturing after the Redemption Date may be surrendered for payment for the Redemption Price and address of accrued interest to, but excluding, the Paying AgentRedemption Date;
(e6) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(f7) that, unless on the Issuer defaults in making Redemption Date, the Redemption Price and accrued interest to, but excluding, the Redemption Date will become due and payable upon each such redemption paymentNote, or the portion thereof, to be redeemed and, if applicable, that interest on Notes called for redemption ceases thereon will cease to accrue on and after the Redemption Datesaid date;
(g) 8) the paragraph or subparagraph of the Notes and/or Section clause of this Indenture pursuant to which the Notes called for redemption are being redeemedshall occur;
(h9) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and Number; provided that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes;
(10) the current Conversion Rate;
(11) the date on which the right to convert such Notes or portions thereof into Common Stock will expire (which date shall be the close of business on the second Business Day prior to the Redemption Date);
(12) whether the Company has elected to satisfy all or a portion of its Conversion Obligation with cash in lieu of delivery of shares of Common Stock with respect to any Notes (or portions thereof) to be redeemed;
(13) if the Company has determined to satisfy all or any portion of the Conversion Obligation in cash, the dollar amount of the Conversion Obligation to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount); and
(i14) if in connection with a the name and address of each Paying Agent and Conversion Agent. Notice of redemption pursuant of Notes to Section 3.07 hereofbe redeemed shall be given by the Company or, any condition to such redemption. At at the IssuerCompany’s request, by the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, expense of the principal amount of any Notes outstanding following any partial redemption of NotesCompany.
Appears in 2 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer The Issuers shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, mail notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of the Depository, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof14. Except as set forth in Section 3.07 hereof, notices Notices of redemption may not be conditional, except that any notice of redemption pursuant to Section 3.07(c) may, at an Issuer’s discretion, be subject to one or more conditions, including, without limitation, completion of an Equity Offering. The notice shall identify the Notes to be redeemed (including CUSIP and/or ISIN numbers) and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Issuers defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s name of each Issuer and at its their expense; provided that the Issuer Issuers shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Tops Markets Ii Corp), Indenture (Tops Holding Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer Issuers shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, mail or otherwise delivered notices of redemption at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 VIII or Article 11 XI hereof. Except as set forth in Section 3.07 hereof, notices Any notice of redemption may not may, at the Issuers’ discretion, be conditionalsubject to one or more conditions precedent. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN numbernumbers, if any, printed on the Notes being redeemed and provided that no representation is made as to the correctness or accuracy of any such the CUSIP and number or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereofany conditional redemption, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee Registrar shall give the notice of redemption in the Issuer’s Issuers’ name and at its their expense; provided that the Issuer Issuers shall have delivered to the TrusteeRegistrar, at least five 5 Business Days before notice of redemption is required to be mailed or caused to be mailed or otherwise delivered to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the TrusteeRegistrar), an Officer’s Certificate requesting that the Trustee Registrar give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (PBF Holding Co LLC), Indenture (PBF Energy Inc.)
Notice of Redemption. Subject to the provisions of Section 3.09 hereof, the Issuer notices of redemption shall deliver electronically or mail or caused to be mailed by first-first class mail, postage prepaid, notices of redemption mail at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s its registered address or otherwise address. If any Note is to be redeemed in accordance with Applicable Procedurespart only, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in connection with Article 8 the name of the Holder thereof upon cancellation of the original Note. 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 Article 11 hereof. Except as set forth in Section 3.07 hereof, notices portions of redemption may not be conditionalthem called for redemption. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Company's request, the Trustee shall give the notice of redemption in the Issuer’s Company's name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of 45 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Charles River Laboratories Inc), Indenture (Charles River Laboratories Holdings Inc)
Notice of Redemption. (a) Subject to the provisions of Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 ten (10) days but not more than 60 sixty (60) days before a redemption date, the Redemption Date to each Holder of Notes Company shall mail or deliver or cause to be redeemed at such Holder’s registered address mailed or delivered, by first class mail or electronically or otherwise in accordance with Applicable ProceduresDTC 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 sent more than 60 sixty (60) days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of the Notes or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices a satisfaction and discharge of redemption may not be conditionalthis Indenture. The notice shall identify the Notes (including CUSIP numbers) to be redeemed and shall state:
(ai) the Redemption Dateredemption date;
(bii) the redemption price;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount at maturity of that such 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 shall be issued (or cause to be transferred by book entry) in the name of the Holder thereof upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceprice and become due on the date fixed for redemption;
(fvi) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(gvii) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(iix) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. .
(b) At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five (5) Business Days before the notice of redemption is required to be mailed or sent, or caused to be mailed or sent to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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 paragraphSection 3.03(a). If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption andThe notice, if applicablemailed or sent in the manner provided herein shall be presumed to have been given, of whether or not the principal amount of any Notes outstanding following any partial redemption of NotesHolder receives such notice.
Appears in 2 contracts
Samples: Indenture (Geo Group Inc), Indenture (Geo Group Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer The Company shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, mail (or sent electronically) notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of the Depository, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof14. Except In connection with any redemption of Notes, any such redemption or notice may, at the Company’s discretion, be subject to one or more conditions precedent. 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 set forth in Section 3.07 hereofany or all such conditions shall be satisfied, notices of or such redemption may not occur and such notice may be conditionalrescinded 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. The notice shall identify the Notes to be redeemed (including CUSIP and/or ISIN numbers) and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of that Note that is to be redeemed and that, after the Redemption Date upon surrender of such NoteNote (other than Global Notes), 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 shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the Issuer’s name of the Company and at its the Company’s expense; provided that the Issuer Company shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth a copy of the notice containing the information to be stated in such notice as provided required in the preceding paragraph. If The Company shall deliver written notice to the Notes are listed Trustee setting forth the calculation of the Make-Whole Amount, if any, on an exchange, or prior to the date a notice of redemption is given and the rules of Trustee may conclusively rely on such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notescalculation without further investigation.
Appears in 2 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the Redemption Date a redemption date, Anvil shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Senior Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionaladdress. The notice shall identify the Senior Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Senior Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Senior Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such Senior Note, a new Senior Note or Senior Notes in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Senior Note;
(d) the name and address of the Paying Agent;
(e) that Senior Notes called for redemption (other than a Global Senior Note) must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Anvil defaults in making such redemption payment, interest on Senior Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Senior Notes and/or Section of this Indenture pursuant to which the Senior Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Senior Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Anvil's request, the Trustee shall give the notice of redemption in the Issuer’s Anvil's name and at its expense; provided provided, however, that the Issuer Anvil shall have delivered to the Trustee, at least five Business Days before notice of 45 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter notice shall be agreed time is acceptable to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 15 days but not more than 60 days before a redemption date, the Redemption Date Issuers shall give or cause to be given, by first class mail (or electronically in the case of Global Notes), a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed given more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionalDischarge. The notice shall identify the Notes to be redeemed (including CUSIP numbers) and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice (if then determined and otherwise the basis for its determination);
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption (other than a Global Note) must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and any conditions to redemption; and
(i) that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a redemption pursuant the applicable procedures of the Depositary applicable to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Cloud Peak Energy Inc.), Indenture (Sequatchie Valley Coal Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 21 days but not more than 60 45 days before the Redemption Date Date, the Issuer will provide a notice of redemption to each Holder of whose Notes are to be redeemed redeemed. The Issuer shall deliver any such notice to the Trustee and will publish an immediate report on the website (Magna) of the ISA and the TASE announcement system (MAYA) as soon as practicable after such time. The Issuer shall not be entitled to deliver a notice of redemption after an Automatic Conversion Notice has been published. If the Notes are at such Holder’s registered address or otherwise time listed on the TASE-UP, the Issuer shall inform the TASE of the principal amount of the Notes that have not been redeemed in connection with any optional redemption and such notice shall be deemed as a notice to the Holders in accordance with Applicable Procedures, except that redemption notices may this Section 3.4 and no other notice shall be mailed more than 60 days prior required to a Redemption Date if be made by the notice is issued Issuer in connection with Article 8 or Article 11 hereof. Except such redemption.
(b) If the Issuer has elected to redeem the Notes but prior to the payment of the redemption amount with respect to such redemption a Capital Adequacy Trigger Event occurs, the relevant redemption notice shall be automatically rescinded and shall be of no force and effect, no payment of the redemption amount will be due and payable and an Automatic Conversion shall occur as set forth in described under Section 3.07 hereof, notices 4.1 (Automatic Conversion Upon Capital Adequacy Trigger Event).
(c) Any notice of redemption may not be conditional. The notice shall fully identify the Notes (including the CUSIP, ISIN (or TASE equivalent thereof)) to be redeemed which it applies and shall statestate the following:
(ai) the Redemption Date;
(bii) the redemption priceRedemption Price, the amount of accrued interest, if any, and Additional Amounts, if any, to be paid, as well as other information required to be provided under the Applicable Procedures;
(ciii) if any Definitive Note is the address to which the Notes are to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Notesurrendered for redemption;
(d) the name and address of the Paying Agent;
(eiv) that Definitive Registered Notes called for redemption must be surrendered to the Paying Agent Issuer to collect the redemption priceRedemption Price, plus accrued and unpaid interest, if any, and Additional Amounts, if any;
(fv) that, unless the Issuer defaults in making such redemption payment, interest interest, and Additional Amounts, if any, on Notes called for redemption ceases to accrue on and after the Redemption Date;
(gvi) 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
(hvii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and the CUSIP, ISIN number that is (or TASE equivalent thereof) or other identifying code listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the Redemption Date Date, the Trustee, in the Company's name and at the Company's expense, shall mail or cause to be mailed a notice of redemption by first-class mail, postage prepaid, to each Holder of Notes Debentures to be redeemed at such Holder’s registered 's last address or otherwise as it appears in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionalRegister. The notice of redemption shall identify the Notes Debentures to be redeemed, the provision of the Debentures or this Indenture pursuant to which the Debentures called for redemption are being redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(ed) that Notes payment of the Redemption Price of Debentures called for redemption must will be surrendered made only upon surrender of such Debentures to the Paying Agent Agent;
(e) if any Debenture is being redeemed in part, the portion of the principal amount of such Debenture to collect be redeemed and that, after the redemption priceRedemption Date, upon surrender of such Debenture, a new Debenture or Debentures in principal amount equal to the unredeemed portion shall be issued upon cancellation of the original Debenture;
(f) that, unless the Issuer Company defaults in making such redemption paymentpaying the Redemption Price of the Debentures called for redemption, including accrued interest thereon to the Redemption Date, interest on Notes called for redemption ceases will cease to accrue on such Debentures on and after the Redemption Date;
(g) that the paragraph or subparagraph of redemption is for a sinking fund, if such is the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedcase;
(h) in the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy case of Debentures of any series that are convertible or exchangeable into Capital Stock, the conversion or exchange price or rate, the date or dates on which or the period or periods during which the right to convert or exchange the principal of the Debentures of such CUSIP series to be redeemed will commence or terminate and ISIN number that is listed in the place or places where such notice Debentures may be surrendered for conversion or printed on the Notesexchange; and
(i) the CUSIP numbers, if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemptionany. At the Issuer’s request, the Trustee shall give the Any notice of redemption given in the Issuer’s name and at its expense; manner provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice herein shall be agreed conclusively presumed to by the Trustee)have been given, an Officer’s Certificate requesting that the Trustee give whether or not such notice and setting forth the information is actually received. Failure to be stated in such mail any notice as provided or defect in the preceding paragraph. If mailed notice or the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange mailing thereof in respect of any such redemption and, if applicable, Debenture shall not affect the validity of the principal amount redemption of any Notes outstanding following any partial redemption of Notesother Debenture.
Appears in 2 contracts
Samples: Indenture (Anthem Inc), Indenture (Anthem Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 days but not more than 60 days before a redemption date, the Redemption Date Company shall (1) in the case of Global Notes send or cause to be sent in accordance with Depositary procedures or (2) in the case of Notes that are not Global Notes, mail or cause to be mailed by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be sent or mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of the Notes or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices a satisfaction and discharge of redemption may not be conditionalthis Indenture. The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Dateredemption date;
(bii) the redemption priceprice (or manner of calculation if not then known);
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall be issued in the name of the Holder thereof upon cancellation of the original Note (or if the Note is a Global Note, an adjustment shall be made to the schedule attached thereto);
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceprice and become due on the date fixed for redemption;
(fvi) that, unless the Issuer Company defaults in making such redemption payment, interest interest, if any, on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(gvii) 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
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and.
(ib) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of 45 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter notice period shall be agreed satisfactory to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption andThe notice, if applicablemailed in the manner provided herein shall be presumed to have been given, whether or not the Holder receives such notice.
(c) Any notice of redemption in connection with any Qualified Equity Offering or other securities offering or any other financing, or in connection with a transaction (or series of related transactions) that constitutes a Change of Control, may, at the Company’s discretion, be given prior to the completion thereof and be subject to one or more conditions precedent, including completion of the principal amount related Qualified Equity Offering, securities offering, financing or Change of any Notes outstanding following any partial redemption of NotesControl.
Appears in 2 contracts
Samples: Indenture (Orbital Atk, Inc.), Indenture (Alliant Techsystems Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date purchase or redemption date to each Holder of 2017 B Notes to be redeemed at such Holder’s registered address address, to the Trustee to forward to each Holder of 2017 B Notes at such Holder’s registered address, or shall otherwise deliver on such time frame such notice in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 12 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the 2017 B Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) that if any Definitive 2017 B Note is to be redeemed in part only, the portion of the principal amount of that 2017 B Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such 2017 B Note, a new 2017 B Note or 2017 B Notes in principal amount equal to the unredeemed portion of the original 2017 B Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder of the 2017 B Notes upon cancellation of the original 2017 B Note;
(d) the name and address of the Paying Agent;
(e) that 2017 B Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on 2017 B Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the 2017 B Notes and/or Section of this Indenture pursuant to which the 2017 B Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the 2017 B Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five two Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (CC Media Holdings Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date purchase or redemption date to each Holder of Notes to be redeemed at such Holder’s registered address address, to the Trustee to forward to each Holder of Notes at such Holder’s registered address, or shall otherwise deliver on such timeframe such notice in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 12 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) that if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (CC Media Holdings Inc), Indenture (C C Media Holdings Inc)
Notice of Redemption. Subject to Section Sections 3.07(e) and 3.09 hereof, the Issuer shall deliver electronically or send electronically, mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 10 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with the Applicable Procedures, except that redemption notices may be mailed delivered more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 a conditional redemption or Article 11 VIII or Article XI hereof. Except as set forth in Section 3.07 hereofFor Notes held on behalf of DTC, notices may be given by delivery of redemption may not be conditionalthe relevant notices to DTC for communication to entitled account holders in substitution for the aforementioned delivery. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP number and ISIN numberISIN, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP number and ISIN number that is listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be delivered electronically, mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the 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. If paragraph and setting forth the Notes are listed on an exchange, and the rules form of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesnotice.
Appears in 2 contracts
Samples: Indenture (Dycom Industries Inc), Indenture (Harsco Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the Redemption Date a redemption date, DIMAC Holdings shall mail a notice of redemption by first class mail to each Holder of whose Notes are to be redeemed at such Holder’s 's registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionaladdress. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be being redeemed in part only, the portion of the principal amount of that such Note that is to be redeemed and that, after the Redemption Date redemption date, upon surrender cancellation of such the original 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 shall be issued in the name of the Holder upon cancellation of the original Noteissued;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer DIMAC Holdings defaults in making such redemption payment, interest on Notes or portions of Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section the section of this Indenture pursuant to which the Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on number of the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemptionbe redeemed. At the Issuer’s DIMAC Holdings's request, the Trustee shall give the notice of redemption in the Issuer’s name of DIMAC Holdings and at its DIMAC Holdings's expense; provided PROVIDED that the Issuer DIMAC Holdings shall have delivered deliver to the Trustee, at least 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 (unless a shorter notice shall be agreed period is acceptable to by the Trustee)) 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Dimac Holdings Inc), Securities Purchase Agreement (DMW Worldwide Inc)
Notice of Redemption. Subject to Section 3.09 3.10 hereof, the Issuer Issuers shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 13 hereof. Except as set forth in Section 3.07 3.07(b) hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and number, if any, or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 3.07(b) hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s name Issuers’ names and at its their expense; provided that the Issuer Issuers shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Indenture (Avago Technologies LTD)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer notices of redemption shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise delivered in accordance with Applicable Proceduresthe procedures of DTC, except that notices of redemption notices may be mailed or delivered more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 12 hereof. Except as set forth in Section 3.07 Sections 3.04 and 3.07(b) hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 3.07(b) hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC)
Notice of Redemption. Subject to Section 3.09 hereof3.09, the Issuer Company shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 10 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of the Depositary, except that redemption notices may be mailed or delivered electronically more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional11. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) whether such redemption is conditioned on the happening of a future event;
(g) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(gh) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hi) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(ij) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. Notes called for redemption become due on the date fixed for redemption unless such redemption is conditioned on the happening of a future event. At the IssuerCompany’s written request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided that the Issuer Company shall have delivered to the Trustee, at least five 5 Business Days (or such shorter period as the Trustee may agree) before notice of redemption is required to be mailed or mailed, caused to be mailed or delivered electronically to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)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 paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer notices of redemption shall deliver be delivered electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresaddress, except that notices of redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, 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 Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Aramark), Indenture (Aramark)
Notice of Redemption. Subject to Section 3.09 hereof3.03(b) below, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 not less than 10 days but not more than 60 days before a date for redemption of Notes (except in connection with legal defeasance, covenant defeasance or the Redemption Date satisfaction and discharge of this Indenture, in each case, pursuant to Article VIII, in which case notice may be given more than 60 days before the applicable date for redemption), the Issuer shall transmit to each Holder (with a copy to the Trustee, the Paying Agent and the Registrar) a notice of Notes to be redeemed at such Holder’s registered address or otherwise redemption in accordance with Applicable ProceduresSection 12.01; provided, except however, that any notice of a redemption notices may provided for by Section 6 of the Notes shall not be mailed more given (x) earlier than 60 days prior to the earliest date on which the Payor would be obligated to make a Redemption Date if payment of Additional Amounts and (y) unless at the time such notice is issued given, the obligation to pay such Additional Amounts remains in connection with Article 8 or Article 11 hereofeffect. Except as set forth in Section 3.07 hereofFor Global Notes, notices may be given by delivery of redemption may not be conditionalthe relevant notices to DTC or Euroclear and/or Clearstream (as applicable) for communication to entitled account holders. state:
(a) The notice shall identify the Notes to be redeemed and shall state:shall
(ai) the Redemption Dateredemption date and the record date;
(bii) the redemption price, and, if applicable, the appropriate calculation of such redemption price and the amount of accrued interest to the redemption date;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(diii) the name and address of the Paying Agent;
(eiv) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fv) if fewer than all the outstanding Notes are to be redeemed, in the case of Definitive Registered Notes, the certificate numbers and principal amounts of the particular Notes to be redeemed;
(vi) that, unless the 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 (or portion thereof) called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(gvii) the paragraph Common Codes, CUSIPs or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN numberISINs, as applicable, if any, printed on the Notes being redeemed and redeemed; and
(viii) the paragraph of the Notes or section of this Indenture pursuant to which the Notes are being redeemed; and
(ix) that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is the Common Codes, CUSIPs or ISINs, as applicable, if any, listed in such notice or printed on the Notes; and.
(ib) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee Registrar or the Paying Agent shall give the notice of redemption in the Issuer’s name and at its the Issuer’s expense; provided that . In such event, the Issuer shall have delivered deliver to the Registrar and the Paying Agent, with a copy to the Trustee, at least five (5) Business Days before prior to the date on which notice of redemption is required to be mailed or caused delivered to be mailed to the Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed period is satisfactory to by the TrusteeRegistrar or the Paying Agent), an Officer’s Certificate requesting that the Trustee Registrar or the Paying Agent give such notice and setting forth the information to be stated in such notice as provided in required and within the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notestime periods specified by this Article III.
Appears in 2 contracts
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 Not less than 10 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, postage prepaid, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s registered address or otherwise in accordance their respective addresses as they appear on the registration books of the Registrar, with Applicable Proceduresa copy to the Trustee and the Paying Agent, except that redemption notices may be mailed more than 60 15 calendar 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 VIII or a satisfaction and discharge of this Indenture pursuant to Article 11 hereof. Except X. So long as set forth in Section 3.07 hereofany series of the Notes is listed on the official list of the Exchange and admitted to trading on the Euro MTF Market and if required by the rules and regulations of the Exchange, notices the Company shall provide any notice of redemption may not be conditionalto the Exchange and publish it on the website of the Exchange (xxx.xxxxx.xxx). The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Daterecord date for the redemption and the redemption date;
(b) the redemption price;
(c) if any Definitive Note series of Notes is to be being redeemed in part onlypart, the portion of the principal amount of that Note that is thereof to be redeemed (including the beginning and ending pool factor for Notes represented by a Global Note) and that, after the Redemption Date redemption date upon surrender (if applicable) 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Definitive Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption paymentpayment or the relevant 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 Dateredemption date, unless the redemption price is not paid on the redemption date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and the CUSIP, ISIN number that is or Common Code number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s requestdirection, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer shall have Company has delivered to the Trustee, at least five 5 Business Days before prior to the date on which the Company is to give notice of redemption is required to be mailed or caused to be mailed to the Holders pursuant to this Section 3.03 (unless a shorter notice period shall be agreed acceptable to by the TrusteeTrustee in its sole discretion), an Officer’s Certificate requesting that directing the Trustee to give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Notice of Redemption. Subject to Section 3.09 hereof3.09, the Issuer shall deliver electronically in accordance with the Applicable Procedures or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days (except in connection with a Special Optional Redemption described in Section 3.07(a) or a Special Mandatory Redemption described in Section 3.10) but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional11. The notice shall identify the Notes to be redeemed (including the CUSIP or ISIN number) and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) in the CUSIP and case of a Special Mandatory Redemption or Special Optional Redemption, whether the redemption is a Special Mandatory Redemption or a Special Optional Redemption;
(i) the CUSIP/ISIN number, if any, printed on number of the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, as applicable, if any, listed in such notice or printed on the Notes; and
(ij) if in connection with such redemption is subject to any conditions, a redemption pursuant to Section 3.07 hereof, any description of each condition to such redemptionredemption and, if applicable, that, in the Issuer’s discretion, the Redemption Date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption or purchase may not occur or the notice of redemption 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, and that, in the Issuer’s discretion, payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 10 days but not more than 60 days before a redemption date, the Redemption Date Issuer will deliver a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed delivered more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with a defeasance of the Notes of a series or a satisfaction and discharge of this Indenture pursuant to Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional12. The notice shall will identify the Notes to be redeemed and shall will state:
(a) the Redemption Dateredemption date;
(b) the redemption price, or if not then ascertainable, the manner of calculation thereof;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a any conditions precedent to which the redemption pursuant to Section 3.07 hereof, any condition to such redemptionis subject. At the Issuer’s request, the Trustee shall will give the notice of redemption in the Issuer’s name and at its expense; provided provided, however, that the Issuer shall have has delivered to the Trustee, at least five Business Days before notice of 10 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter notice shall be agreed period is acceptable to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information form of notice to be stated provided. Any such redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including completion of any related Equity Offerings, Change of Control or other transaction. If such redemption is subject to the satisfaction of one or more conditions precedent, the related notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied or waived, 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 redemption date, or by the redemption date as so delayed. In addition, the Issuer may provide in such notice as provided that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person (it being understood that any such provision for payment by another Person will not relieve the Issuer and the Guarantors from their obligations with respect to such redemption in the preceding paragraph. If the Notes are listed on an exchange, event such other person fails to do so and the rules of all conditions to such exchange so require, the Issuer shall notify the exchange of any such redemption andredemption, if applicableany, of the principal amount of any Notes outstanding following any partial redemption of Notesare satisfied).
Appears in 2 contracts
Samples: Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.)
Notice of Redemption. Subject (a) Notices of redemption shall be mailed to Section 3.09 hereof, Holders of the Issuer shall deliver electronically or mail or caused Notes to be mailed redeemed by first-class mail, postage prepaid, notices of redemption mail at least 30 days but and not more than 60 days before prior to the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable ProceduresDate, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of Notes pursuant to Article 8 Eight hereof or a satisfaction and discharge of this Indenture pursuant to Article 11 hereof. Except Ten hereof and redemption notices may be mailed not less than three days prior to a Redemption Date if the notice is issued with respect to Notes to be redeemed as set forth in under clause (c) of Section 3.07 3.01 hereof, notices . Notices of redemption may not be conditional. .
(b) The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Date;
(bii) the redemption priceRedemption Price;
(ciii) the name and address of the Paying Agent;
(iv) that Notes called for redemption must be surrendered to the Paying Agent in order to collect the Redemption Price;
(v) that, unless the 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 is to receive payment of the Redemption Price plus accrued interest to the Redemption Date upon surrender of the Notes to the Paying Agent;
(vi) that, if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount (equal to integral multiples of that $1,000) of such Note that is to be redeemed and that, on and after the Redemption Date 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 shall thereof will be issued in the name of the Holder upon cancellation of the original Note;reissued; and
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fvii) that, unless the Issuer defaults if any Note contains a CUSIP or ISIN number as provided in making such redemption paymentSection 2.13 hereof, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is being made as to the correctness of the CUSIP or accuracy of any such CUSIP and ISIN number either as printed on the Notes or as contained in the notice of redemption and that is listed in such notice or reliance may be placed only on the other identification numbers printed on the Notes; and.
(ic) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s requestrequest (which request may be revoked by the Issuer at any time prior to the time at which the Trustee shall have given such notice to the Holders), made in writing to the Trustee at least 60 days (or such shorter period as shall be satisfactory to the Trustee) before a Redemption Date, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the expense of the Issuer. If, however, the Issuer gives such notice to the Holders, the Issuer shall have delivered concurrently deliver to the Trustee, at least 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 (unless a shorter notice shall be agreed to by the Trustee), Trustee an Officer’s Certificate requesting stating that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Noteshas been given.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Notice of Redemption. Subject to At least thirty (30) days, but, in any case, not more than sixty (60) days before a date fixed by the Issuer pursuant Section 3.09 hereof3.3 or Section 3.4 (a “Redemption Date”), the Issuer shall deliver electronically or mail or caused will give written notice of redemption to the each Holder whose Notes are to be mailed by first-class mail, postage prepaid, redeemed (with a copy to the Trustee and any Paying Agent) in the manner provided for in Section 10.5. All notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive that on the Redemption Date the redemption price will become due and payable upon each such Note is to be redeemed and from and after such date (unless the Issuer shall default in part onlythe payment of the redemption price) the Notes shall cease to bear interest;
(d) if any Note is being redeemed in part, the portion of the principal amount of that such 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder upon cancellation of the original Note;
(de) the name and address of the Paying Agent;
(e) that place or places where such Notes called for redemption must are to be surrendered to the Paying Agent to collect for payment of the redemption price;; and
(f) thatCUSIP(s), unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN numberand, if anyapplicable, printed on the Notes being redeemed ISIN(s), and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is numbers, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant . If the Issuer elects to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, have the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that redemption, then the Issuer shall have delivered deliver to the Trustee, at least forty-five Business Days (45) days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 the Redemption Date (unless a shorter notice period shall be agreed to by the Trustee), an Officer’s Certificate a notice requesting that the Trustee give such notice of redemption and setting forth providing the information to be stated in such form of notice as provided of redemption required by this Section 3.6 and the Trustee shall give the notice in the preceding paragraph. If the Notes are listed on an exchange, and the rules name of such exchange so require, the Issuer shall notify and at the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of NotesIssuer’s expense.
Appears in 2 contracts
Samples: Indenture (Camposol Holding PLC), Indenture (Camposol Holding PLC)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereofDischarge, notices the Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption may not to each Holder whose Notes are to be conditionalredeemed at its registered address. In the case of redemption pursuant to Section 3.07(b), the redemption notice may, at the Company’s discretion, be subject to one or more conditions precedent and be given prior to the completion of the related Equity Offering. The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Dateredemption date;
(bii) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fvi) that, unless the Issuer defaults Issuers default in making such redemption payment, interest 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;
(gvii) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(iix) if any conditions precedent to the redemption. If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a the procedures of the Depository applicable to redemption. A notice of redemption with respect to any redemption pursuant Section 3.07(c) need not set forth the Make-Whole Premium but only the manner of calculation thereof in reasonable detail. The Issuers will notify the Trustee of the Make-Whole Premium with respect to Section 3.07 hereofany such redemption promptly after the calculation, any condition to and the Trustee shall not be responsible for such redemption. calculation.
(b) At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of NotesSection 3.03(a).
Appears in 2 contracts
Samples: Supplemental Indenture (Genesis Energy Lp), Supplemental Indenture (Genesis Energy Lp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 15 days but not more than 60 days before a Redemption Date, the Redemption Date Issuers will mail or cause to be mailed, by first class mail (or sent electronically in the case of notices to DTC) a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed given more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 or Article 11 hereof. Except Notice of any redemption of the Notes (including upon an Equity Offering or in connection with a transaction (or series of related transactions) that constitute a Change of Control) may, at the Issuers’ discretion, be given prior to the completion thereof and be subject to one or more conditions precedent, including, but not limited to, completion of the related Equity Offering or Change of Control. In addition, if such redemption 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 (including more than 60 days after the date the notice of redemption was delivered) as set forth in Section 3.07 hereofany or all such conditions shall be satisfied, notices of or such redemption may not occur and such notice may be conditionalrescinded 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, 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. The Issuers shall provide written notice to the Trustee no later than the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder of Notes in the same manner in which the redemption notice was given. The notice shall will identify the Notes to be redeemed and shall will state:
(a1) the Redemption Date;
(b2) the redemption price, if then determinable and, if not, the manner of its determination;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder thereof upon cancellation of the original Note;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h8) any condition precedent to the redemption; and
(9) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall will give the notice of redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer shall Issuers have delivered to the Trustee, at least five Business Days before Trustee written notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this in accordance with Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate 3.01 requesting that the Trustee give such notice and a form of the notice of redemption setting forth the information to be stated in such notice as provided specified in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date purchase or redemption date to each Holder of 2017 A Notes to be redeemed at such Holder’s registered address address, to the Trustee to forward to each Holder of 2017 A Notes at such Holder’s registered address, or shall otherwise deliver on such time frame such notice in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 12 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the 2017 A Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) that if any Definitive 2017 A Note is to be redeemed in part only, the portion of the principal amount of that 2017 A Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such 2017 A Note, a new 2017 A Note or 2017 A Notes in principal amount equal to the unredeemed portion of the original 2017 A Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder of the 2017 A Notes upon cancellation of the original 2017 A Note;
(d) the name and address of the Paying Agent;
(e) that 2017 A Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on 2017 A Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the 2017 A Notes and/or Section of this Indenture pursuant to which the 2017 A Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the 2017 A Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five two Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Communications Inc)
Notice of Redemption. Subject With respect to any redemption of Notes pursuant to Section 3.09 hereof3.01(a), the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before a Redemption Date, the Issuer, and with respect to any redemption of Notes pursuant to Section 3.01(b), within 10 days before a Redemption Date Date, the Trustee, shall mail a notice of redemption by first-class mail to each Holder of whose Notes are to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionalredeemed. The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Date;
(bii) the redemption priceRedemption Price;
(ciii) the name and address of the Paying Agent;
(iv) that Notes called for redemption must be surrendered to the Paying Agent in order to collect the Redemption Price;
(v) that, unless the 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 is to receive payment of the Redemption Price plus accrued interest to the Redemption Date upon surrender of the Notes to the Paying Agent;
(vi) that, if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount (equal to $1,000 in principal amount or any integral multiple thereof) of that such Note that is to be redeemed and that, on and after the Redemption Date 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 shall thereof will be issued in the name of the Holder upon cancellation of the original Note;reissued; and
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fvii) that, unless the Issuer defaults if any Note contains a CUSIP, CINS or ISIN number as provided in making such redemption paymentSection 2.13, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is being made as to the correctness of the CUSIP, CINS or accuracy of any such CUSIP and ISIN number either as printed on the Notes or as contained in the notice of redemption and that is listed in such notice or reliance may be placed only on the other identification numbers printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request's request (which request may be revoked by the Issuer at any time prior to the time at which the Trustee shall have given such notice to the Holders), made in writing to the Trustee at least 45 days (or such shorter period as shall be satisfactory to the Trustee) before a Redemption Date, the Trustee shall give the notice of redemption pursuant to Section 3.01(a) in the Issuer’s name and at its expense; provided that the expense of the Issuer. If, however, the Issuer shall have delivered gives such notice to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so requireHolders, the Issuer shall notify concurrently deliver to the exchange Trustee an Officers' Certificate stating that such notice has been given. The Trustee shall give the notice of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesand as required pursuant to Section 3.01(b).
Appears in 2 contracts
Samples: Indenture (Genesis Eldercare Acquisition Corp), Indenture (Multicare Companies Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed mailed, or with respect to Global Notes, delivered in accordance with the procedures of the Depositary, more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereofDischarge, notices the Issuers shall mail or deliver or cause to be mailed, by first class mail, or delivered, a notice of redemption may not to each Holder whose Notes are to be conditionalredeemed at its registered address. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases 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;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a redemption pursuant the procedures of the Depositary applicable to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)4.01, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Summit Midstream Partners, LP), First Supplemental Indenture (Summit Midstream Partners, LP)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 Not less than 10 days but not more than 60 days before a redemption date, the Redemption Date Issuer shall mail or cause to be mailed, by first class mail, postage pre paid, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedurestheir respective addresses as they appear on the registration books of the Registrar, except that redemption notices may be mailed more than 60 15 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 VIII hereof or a satisfaction and discharge of this Indenture pursuant to Article 11 X hereof. Except So long as set forth any series of the Notes is listed on the Luxembourg Stock Exchange and if required by the rules of the Luxembourg Stock Exchange, notice shall be published in Section 3.07 hereof, notices Luxembourg in a daily leading newspaper with general circulation in Luxembourg (which is expected to be the Luxemburger Wort) or on the website of redemption may not be conditionalthe Luxembourg Stock Exchange (xxx.xxxxxx.xx). The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Daterecord date for the redemption and the redemption date;
(b) the redemption price;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption paymentpayment or the relevant 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 Dateredemption date, unless the redemption price is not paid on the redemption date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and the ISIN number that is or Common Code number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s requestdirection, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided provided, however, that the Issuer shall have has delivered to the Trustee, at least five Business Days before notice of 45 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter notice period shall be agreed acceptable to by the TrusteeTrustee in its sole discretion), an Officer’s Certificate requesting that directing the Trustee to give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 10 days but not more than 60 days before a redemption date, the Redemption Date Issuer will deliver a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed delivered more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional12. The notice shall will identify the Notes to be redeemed and shall will state:
(a) the Redemption Dateredemption date;
(b) the redemption price, or if not then ascertainable, the manner of calculation thereof;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a any conditions precedent to which the redemption pursuant to Section 3.07 hereof, any condition to such redemptionis subject. At the Issuer’s request, the Trustee shall will give the notice of redemption in the Issuer’s name and at its expense; provided provided, however, that the Issuer shall have has delivered to the Trustee, at least five Business Days before notice of 10 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 date (unless a shorter notice shall be agreed period is acceptable to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information form of notice to be stated provided. Any such redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including completion of any related Equity Offerings, Change of Control or other transaction. If such redemption is subject to the satisfaction of one or more conditions precedent, the related notice of redemption shall describe each such condition, and if applicable, shall state that, in the Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied or waived, 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 redemption date, or by the redemption date as so delayed. In addition, the Issuer may provide in such notice as provided that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person (it being understood that any such provision for payment by another Person will not relieve the Issuer and the Guarantors, if any, from their obligations with respect to such redemption in the preceding paragraph. If the Notes are listed on an exchange, event such other person fails to do so and the rules of all conditions to such exchange so require, the Issuer shall notify the exchange of any such redemption andredemption, if applicableany, of the principal amount of any Notes outstanding following any partial redemption of Notesare satisfied).
Appears in 2 contracts
Samples: Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before prior to a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s registered address or otherwise appearing in accordance with Applicable Proceduresthe Security Register, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with a defeasance pursuant to Article 8 hereof or a satisfaction and discharge pursuant to Article 11 10 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the appropriate method for calculation of the redemption price;, but need not include the redemption price itself; the actual redemption price shall be set forth in an Officers’ Certificate delivered to the Trustee no later than two (2) Business Days prior to the redemption date.
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such Note, if applicable, 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 shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section applicable section of this Indenture pursuant to which the Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is numbers, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed 45 days (or caused to be mailed to Holders pursuant to this Section 3.03 (unless a such shorter notice shall be agreed to period allowed by the Trustee), prior to the redemption date, an Officer’s Officers’ Certificate requesting that the Trustee give such notice (in the name and at the expense of the Company) and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesthis Section 3.03.
Appears in 2 contracts
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 10 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise (or, in the case of Global Notes, with respect to notices given by the Trustee on behalf of the Company, sent in accordance with Applicable Proceduresthe applicable procedures of the Depositary) and send a copy to the Trustee at the same time, except that (i) optional redemption notices may be mailed (or, in the case of Global Notes, with respect to notices given by the Trustee on behalf of the Company, sent in accordance with the applicable procedures of the Depositary) more than 60 days prior to a Redemption Date if the notice is issued redemption date in connection with Article 8 a Legal Defeasance or Article 11 hereof. Except Covenant Defeasance of the Notes or a Satisfaction and Discharge and (ii) the redemption date may be delayed until any conditions precedent thereto are satisfied or waived as set forth specified in Section 3.07 hereof, notices of redemption may not be conditional3.03(c) below. The notice shall identify the Notes (including CUSIP and/or ISIN number(s)) to be redeemed and shall state:
(ai) the Redemption Dateredemption date;
(bii) the redemption price; provided that, for a redemption being effected pursuant to Section 3.07(c), the notice need not set forth the Applicable Premium but only the manner of calculation thereof;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall be issued in the name of the Holder thereof upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must shall be surrendered to the Paying Agent to collect the redemption priceprice and become due on the date fixed for redemption;
(fvi) that, unless the Issuer Company defaults in making such redemption paymentpayment or the conditions for such redemption as described in the notice are not satisfied, interest interest, if any, on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date and the only remaining right of Holders of such Notes is to receive payment of the redemption price upon surrender to the Paying Agent of the Notes redeemed;
(gvii) the paragraph or subparagraph of the Notes and/or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(iix) if in connection with a redemption pursuant any conditions precedent to Section 3.07 hereof, any condition to such the redemption. .
(b) At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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 Section 3.03(a). The notice, if mailed (or, in the preceding paragraphcase of Global Notes, with respect to notices given by the Trustee on behalf of the Company, sent) in the manner provided herein, shall be presumed to have been given, whether or not the Holder receives such notice. Failure to give timely notice or any defect in the notice shall not affect the validity of the redemption.
(c) Any notice of redemption may, at the Company’s discretion, be subject to one or more conditions precedent specified in the notice of redemption, including but not limited to, completion of an Equity Offering or other corporate transaction or event. If such redemption is subject to the satisfaction of one or more conditions precedent, the notice of redemption shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the date of redemption may be delayed on one or more occasions until such time as all such conditions shall be satisfied or waived (including more than 60 days after the date on which such notice was sent), or such redemption may not occur and such notice may be rescinded (and the redemption of the Notes are listed on an exchangerescinded and cancelled) 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 will provide written notice of any delay of such date of redemption or the rescission of such notice of redemption (and rescission and cancellation of the redemption of the Notes) to the Trustee no later than 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 (and rescission and cancellation of the redemption of the Notes), such date of redemption shall be automatically delayed or such notice of redemption shall be automatically rescinded, as applicable, and the rules redemption of the Notes shall be automatically delayed or rescinded and cancelled, as applicable, as provided in such notice. Upon receipt of such exchange so requirenotice, the Issuer shall notify the exchange Trustee will promptly mail or send a copy of any such redemption and, if applicable, notice to the Holders of the principal amount Notes that were to have been redeemed in the same manner in which the notice of any Notes outstanding following any partial redemption of Noteswas initially given.
Appears in 2 contracts
Samples: Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer (a) Notice of redemption shall deliver be delivered electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption mail at least 30 days but not more than 60 days before prior to the applicable Redemption Date to each Holder of Notes whose Notes are to be redeemed in whole or in part at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe applicable procedures of DTC, except that purchase and redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharged of this Indenture pursuant to Article 8 XII. The Company shall deliver electronically or Article 11 hereof. Except as set forth in Section 3.07 hereof, mail by first-class mail copies of notices of purchase or redemption may not be conditionalto the Trustee. The notice shall identify the Notes (including the CUSIP and ISIN number) to be redeemed and shall will state:
(ai) the Redemption Date;
(bii) the redemption priceRedemption Price;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(fvi) that, unless the Issuer Company defaults in making such redemption payment, interest interest, if any, on Notes called for redemption ceases to accrue on and after the Redemption Date;
(gvii) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(iix) if any conditions to redemption.
(b) If any Note is to be redeemed in connection with a redemption pursuant to Section 3.07 hereofpart only, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in that relates to that Note shall state the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, 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 there), Notes outstanding following any partial called for redemption become due on the date fixed for redemption. On and after the Redemption Date, unless the Company defaults in the payment of Notesthe Redemption Price, interest ceases to accrue on Notes or portions of them called for redemption.
Appears in 2 contracts
Samples: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before an optional redemption date, the Redemption Date Issuers shall send, or cause to be sent, in the manner provided in Section 11.02, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresredeemed, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionalDischarge. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default 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 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;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a redemption pursuant the procedures of the Depository applicable to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 2 contracts
Samples: Indenture (Legacy Reserves Inc.), Indenture (Legacy Reserves Lp)
Notice of Redemption. (a) Subject to Section 3.09 hereof3.09, the Issuer shall deliver electronically or cause to be delivered electronically, in accordance with DTC procedures in the case of Global Notes, mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 10 days but (except as set forth in Section 3.03(c), Article 8 and Article 11), not more than 60 days before the purchase date or Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be delivered or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or 8, Article 11 hereof. Except or as set forth specified in Section 3.07 hereof, notices 3.03(c). Notices of redemption may not be conditional. .
(b) The notice shall identify the Notes to be redeemed and shall state:
(ai) the Redemption Date;
(bii) the redemption priceprice or, if not then ascertainable, the manner of calculation thereof;
(ciii) if any Definitive Note is to be redeemed or purchased in part only, the portion of the principal amount of that Note that is to be redeemed or purchased and that, after the Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed or unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed shall or purchased will be issued in the name of the Holder thereof upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fvi) that, unless the Issuer defaults default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date, unless such redemption is conditioned on the happening of a future event;
(gvii) the paragraph or subparagraph of the Notes and/or or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(iix) if in connection with a redemption pursuant to Section 3.07 hereof, any condition conditions to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its the Issuer’s expense; provided that the Issuer shall have delivered to the Trustee, at least five two Business Days before notice of redemption is required to be mailed sent or caused to be mailed sent to Holders pursuant to this Section 3.03 (unless a or such shorter notice shall be agreed to by time period as the TrusteeTrustee 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 this Section 3.03(b).
(c) Any redemption of, or offer to purchase, the preceding paragraphNotes may, at the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, including, the completion or occurrence of an Equity Offering, other transaction (or series of related transactions) or an event that constitutes a Change of Control. If a redemption or purchase is subject to the Notes are listed on an exchangesatisfaction of one or more conditions precedent, notice of such redemption or purchase may be given in connection with the related Equity Offering, transaction or event, as the case may be, and prior to the rules completion or the occurrence thereof. Such notice shall describe each such condition, and if applicable, shall state that, in the Issuer’s discretion, the Redemption Date or purchase date may be delayed until such time (including more than 60 days after the date the notice of redemption or offer to purchase was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied or waived, 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, or at any time in the Issuer’s discretion if the Issuer reasonably believes that any or all of such exchange conditions will not be satisfied or waived, in each case by the Redemption Date or purchase date or by the Redemption Date or purchase date as so requiredelayed. In addition, the Issuer shall notify may provide in any notice of redemption or offer to purchase the exchange Notes that payment of any the redemption or purchase price and performance of the Issuer’s obligations with respect to such redemption or offer to purchase may be performed by another Person. In no event shall the Trustee be responsible for monitoring, or charged with knowledge (actual or constructive) of, the maximum aggregate amount of the Notes eligible under this Indenture to be redeemed.
(d) The Issue may redeem Notes pursuant to one or more of the relevant provisions in 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 will have different redemption dates and, if applicablewith respect to redemptions that occur on the same date, of may specify the principal amount of any Notes outstanding following any partial redemption of Notesorder in which such redemptions are deemed to occur.
Appears in 1 contract
Samples: Indenture (Amentum Holdings, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before a redemption date, the Redemption Date Owner Lessor shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of Noteholder whose Lessor Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresand, except that redemption notices may be mailed more than 60 days prior for as long as the Bonds are outstanding, the Bondholder Trustee and each holder of the Bonds corresponding to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices tenor and the principal amount of redemption may not be conditionalthe Lessor Notes being redeemed. The notice shall identify the Lessor Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Lessor Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Lessor Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such Lessor Note, a new Lessor Note or Lessor Notes in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Lessor Note;
(d) the name and address of the Paying Agent;
(e) that Lessor Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Owner Lessor defaults in making such redemption payment, interest on Lessor Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Lessor Notes and/or Section of this Lease Indenture pursuant to which the Lessor Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Lessor Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Owner Lessor's request, the Lease Indenture Trustee shall give the notice of redemption in the Issuer’s Owner Lessor's name and at its expense; provided provided, however, that the Issuer Owner Lessor shall have delivered to the Lease Indenture Trustee, at least five Business Days before notice of 45 days prior to the redemption is required date (or such shorter time period acceptable to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Lease Indenture Trustee), an Officer’s 's Certificate requesting that the Lease Indenture Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Samples: Indenture of Trust and Security Agreement (Eme Homer City Generation Lp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 15 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed (or delivered in accordance with the requirements of DTC if Notes are held through DTC) more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereofDischarge, the Issuers shall mail or cause to be mailed, by first class mail (or delivered in accordance with the requirements of DTC if Notes are held through DTC), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. Except as set forth in Section 3.07 hereof, notices Notices of redemption may be conditioned on one or more conditions precedent specified in the notice and, 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 conditionalrescinded 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 all cases, any such redemption, rescission or delay shall comply with the Applicable Procedures of the Depository. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases 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;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition conditions precedent to such redemption. If any of the Notes to be redeemed is in the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with the Applicable Procedures of the Depository applicable to redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five (5) Business Days (unless a shorter period shall be agreeable to the Trustee) before notice of redemption is required to be mailed or caused to be mailed to Holders (or otherwise delivered in accordance with the procedures of DTC) pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.03, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Samples: Indenture (Calumet Specialty Products Partners, L.P.)
Notice of Redemption. Subject to the provisions of Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Senior Subordinated Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionaladdress. The notice shall identify the Senior Subordinated Notes to be redeemed redeemed, including the CUSIP numbers, and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Senior Subordinated Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Senior Subordinated Note that is to be redeemed and that, after the Redemption Date redemption date upon surrender of such Senior Subordinated Note, a new Senior Subordinated Note or Senior Subordinated Notes in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Senior Subordinated Note;
(d) the name and address of the Paying Agent;
(e) that Senior Subordinated Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Senior Subordinated Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Senior Subordinated Notes and/or Section of this Senior Subordinated Note Indenture pursuant to which the Senior Subordinated Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Senior Subordinated Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Company's request, the Senior Subordinated Note Trustee shall give the notice of redemption in the Issuer’s Company's name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Senior Subordinated Note Trustee, at least five Business Days before notice of 45 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)date, an Officer’s Officers' Certificate requesting that the Senior Subordinated Note Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Samples: Amended and Restated Senior Subordinated Note Indenture (Ball Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 10 days but not more than 60 days before a redemption date, the Redemption Date Company shall provide a notice of redemption to each Holder of whose Notes are to be redeemed at the address of such Holder’s registered address or otherwise Holder as it appears in accordance with Applicable Procedures, except the register of Notes referred to in Section 2.03; provided that redemption notices may be mailed delivered more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of the Notes or Article 11 hereofa satisfaction and discharge of this Indenture. Except as set forth in Section 3.07 hereofFor Notes which are represented by Global Securities held by the Depositary, notices of redemption may not be conditionalgiven by delivery of the relevant notices to such Depositary for communication to entitled account holders. 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. A new Note in principal amount equal to the unredeemed portion of the original Note shall be issued in the name of the Holder thereof upon cancellation of the original Note. The notice shall identify the Notes to be redeemed and shall state:
(a1) the Redemption Dateredemption date and record date, if any;
(b2) the redemption price fixed in accordance with the terms of the Notes to be redeemed, plus accrued interest, if any, to the date fixed for redemption (the “redemption price”);
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall be issued in the name of the Holder upon cancellation of the original Noteissued;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer Company defaults in making such payment of the redemption paymentprice, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g7) the paragraph conditions precedent, if any, to the redemption;
(8) the CUSIP number or subparagraph ISIN number, if any, of the Notes and/or to be redeemed; and
(9) the Section and clause of this Indenture pursuant to which the Notes called for redemption are being to be redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; , which shall be prepared by the Company and provided that the Issuer shall have delivered to the Trustee, at least five Business Days before . A notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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 otherwise provided in the preceding paragraphmanner herein provided shall be conclusively presumed to have been duly given whether or not the Holder receives such notice. If In any case, failure to provide such notice or any defect in the Notes are listed on an exchange, and notice of the rules of such exchange so require, the Issuer shall notify the exchange Holder of any such redemption and, if applicable, Note shall not affect the validity of the principal amount proceeding for the redemption of any Notes outstanding following any partial redemption of Notesother Note.
Appears in 1 contract
Samples: Indenture (O-I Glass, Inc. /DE/)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereofDischarge, notices the Issuers shall deliver electronically or mail by first-class mail a notice of redemption may not to each Holder whose Notes are to be conditionalredeemed at its registered address or, in the case of Global Notes, send such notice of redemption in accordance with the procedures of the Depository. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default 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 Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if any conditions to redemption. If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a the procedures of the Depository applicable to redemption. If any Note is to be redeemed in part only, the notice of redemption pursuant that relates to Section 3.07 hereof, any condition that Note shall state the portion of the principal amount thereof to such redemptionbe redeemed. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof3.09, the Issuer shall deliver electronically in accordance with the Applicable Procedures or mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 15 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 VIII or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionalXI. The notice shall identify the Notes to be redeemed (including the CUSIP or ISIN number) and shall state:
(a) the Redemption Date;; 56
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, as applicable, if any, listed in such notice or printed on the Notes; and
(i) if in connection with such redemption or purchase is subject to satisfaction of one or more conditions precedent, a redemption pursuant to Section 3.07 hereof, any description of each condition to such redemptionredemption or purchase and, if applicable, that, in the Issuer’s discretion, the Redemption Date or purchase date may be delayed until such time (including more than 60 days after the date the notice of redemption was sent, 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 the purchase date, or by the Redemption Date or purchase date 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, and that, in the Issuer’s discretion, payment of the redemption or purchase price and performance of the Issuer’s obligations with respect to such redemption or purchase may be performed by another Person. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed given or caused to be mailed given to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 the provisions of Sections 3.10 and 4.09 hereof, the Issuer notice of redemption shall deliver electronically or mail or caused to be mailed by first-first class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Notes to be redeemed at such Holder’s its registered address or otherwise address. If any Note is to be redeemed in accordance with Applicable Procedurespart only, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereofof redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. Except as set forth in Section 3.07 hereof, All notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive less than all Notes then outstanding are to be redeemed, the identification (and, in the case of a Note is to be redeemed in part onlypart, the portion principal amount) of the principal amount of that Note that is particular Notes 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 representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Noteredeemed;
(d) that on the name redemption date the redemption price will become due and address payable upon each such Note or portion thereof, and that (unless the Company shall default in payment of the Paying Agentredemption price) interest thereon shall cease to accrue on or after said date;
(e) the places or places where such Notes are to be surrendered for payment of the redemption price;
(f) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as relating to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(ih) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five Business Days before notice case of redemption is required a Note to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)redeemed in part, 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any such Note to be redeemed and that after the redemption date upon surrender of such Note, a new Note or Notes outstanding following any partial in the aggregate principal amount equal to the unredeemed portion thereof will be issued. Notice of redemption of NotesNotes to be redeemed at the election of the Company shall be given by the Company or, at its request, by the Trustee in the name and at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Duane Reade Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, delivered notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five Business Days 15 days (unless a shorter period is agreed upon by the Trustee) before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.03, an Officer’s Certificate of the Issuer requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject (a) Unless otherwise specified in the Supplemental Indenture relating to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused Bonds of a Series to be mailed by first-class mailredeemed, postage prepaid, notices notice of redemption shall be given in the manner provided in Section 12.5(b) to the Holders of any Bonds to be redeemed pursuant to this Article 3 at least 30 thirty (30) days but not more than 60 sixty (60) days before prior to the Redemption Date for such redemption (unless a shorter period shall be satisfactory to each Holder the Bond Trustee); provided that notice of Notes any redemption pursuant to Section 3.2(a)(vi) shall be redeemed at given to the Holders immediately upon the occurrence of such Holder’s registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a event and the Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except shall be as set forth in Section 3.07 hereof, 3.2. All notices of redemption may not be conditional. The notice shall identify state the Notes to be redeemed and shall statefollowing:
(ai) the Redemption Date;
(bii) the redemption priceRedemption Price and any applicable Redemption Premium;
(ciii) if any Definitive Note is less than all Outstanding Bonds are to be redeemed in part onlyredeemed, (x) the portion identification of the particular Bonds to be redeemed, (y) the aggregate principal amount of that Note that is Bonds to be redeemed and that, (z) a statement to the effect that after the Redemption Date Date, upon surrender of such NoteBonds, a new Note or Notes Bonds in the aggregate principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall thereof will be issued in the name of the Holder upon cancellation of the original Noteissued;
(div) the name and address of the Paying Agent;
(ev) that Notes Bonds called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price and any applicable Redemption Premium;
(fvi) that, unless the Issuer defaults in making such redemption payment, interest that on Notes called for redemption ceases to accrue on and after the Redemption Date, the Redemption Price and any applicable Redemption Premium will become due and payable upon each Bond to be redeemed or portion thereof, and that interest thereon shall cease to accrue as of and after said date;
(gvii) a statement to the effect that the availability in the Redemption Account on the Redemption Date of an amount of immediately available funds to pay the Redemption Price and any applicable Redemption Premium in full is a condition precedent to the redemption;
(viii) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption Bonds are being redeemed;; and
(hix) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as relating to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; andBonds being redeemed.
(ib) if Notice of redemption of Bonds to be redeemed at the election of the Issuer pursuant to Section 3.1 shall be given by the Issuer or, at the Issuer's written request by the Bond Trustee, in connection with the name and at the expense of the Issuer. Notice of a mandatory redemption pursuant to Section 3.07 hereof, any condition to such redemption. At 3.2 shall be given by the Bond Trustee in the name and at the expense of the Issuer’s request, the Trustee shall give the . Any notice of redemption given in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to accordance with this Section 3.03 (unless a shorter notice 3.5 shall be agreed conclusively presumed to by the Trustee)have been given whether or not a Holder receives such notice. In any case, an Officer’s Certificate requesting that the Trustee failure to give such notice and setting forth the information to be stated in such notice as herein provided or any defect in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange notice given to a Holder of any such Bond designated for redemption and, if applicable, in whole or in part shall not affect the validity of the principal amount proceedings for the redemption of any Notes outstanding following any partial redemption of Notesother Bond.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer The Company shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, mail notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of the Depository, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof14. Except as set forth in Section 3.07 hereof, notices Notices of redemption may be made conditioned upon one or more conditions precedent. 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 conditionalrescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, or the redemption date so delayed. The notice shall identify the Notes to be redeemed (including CUSIP and/or ISIN numbers) and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the Issuer’s name of the Company and at its the Company’s expense; provided that the Issuer Company shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Certificate requesting that the Trustee give such notice and setting forth a copy of the notice containing the information to be stated in such notice as provided required in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer Notice of redemption shall deliver electronically or mail or caused to be mailed given by first-class mail, postage prepaid, notices of redemption at least mailed not less than 30 days but not nor more than 60 days before prior to the Redemption Date Date, to each Holder of Notes to be redeemed redeemed, at such Holder’s registered its address or otherwise appearing in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereofNote register. Except as set forth in Section 3.07 hereof, All notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price;
(c) if any Definitive less than all outstanding Notes are to be redeemed, the identification (and, in the case of a Note is to be redeemed in part onlypart, the portion aggregate principal amount to be redeemed) of the principal amount of that Note that is particular Notes 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 representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Noteredeemed;
(d) that on the name Redemption Date the Redemption Price together with accrued interest to the Redemption Date will become due and address payable upon each such Note or portion thereof, and that unless the Issuer shall default in payment of the Paying AgentRedemption Price and accrued interest, interest thereon shall cease to accrue on and after said date;
(e) the place or places where such Notes are to be surrendered for payment of the Redemption Price;
(f) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption DatePrice;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as relating to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(ih) if in connection with the case of a Note to be redeemed in part, the aggregate principal amount of such Note to be redeemed and that after the Redemption Date upon surrender of such Note, new Note or Notes in the aggregate principal amount equal to the unredeemed portion thereof will be issued. Notice of redemption pursuant of Notes to Section 3.07 hereofbe redeemed at the election of the Issuer shall be given by the Issuer or, any condition to such redemption. At the Issuer’s at its request, by the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, expense of the principal amount of any Notes outstanding following any partial redemption of NotesIssuer.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof, the The Issuer shall deliver electronically or electronically, mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 10 days but except as set forth in Section 3.07(f) and (g) not more than 60 days before the purchase or Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof11. Except as set forth in Section 3.07 hereof, notices Notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, any notice of redemption that relates to such Note shall state the portion of the principal amount of that Note that is to be redeemed or purchased and that, after the applicable Redemption Date upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed or unpurchased portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder thereof upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the applicable Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof3.07, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed sent or caused to be mailed sent to Holders pursuant to this Section 3.03 (unless a or such shorter notice shall be agreed to by time period as the TrusteeTrustee 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereofAt least 15 days or, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mailif such redemption is being made in connection with an IPO, postage prepaid, notices of redemption at least 30 days but 10 days, but, in each case, not more than 60 days before a Redemption Date, the Redemption Date Company shall mail a notice of redemption ("NOTICE OF REDEMPTION") by first-class mail to each Holder of whose Notes are to be redeemed at such Holder’s 's registered address or otherwise in accordance with Applicable Procedures, except that address. Each notice for redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying AgentCompany;
(ed) that Notes called for redemption must be surrendered to the Paying Agent Company to collect the redemption priceRedemption Price;
(fe) that, unless the Issuer Company defaults in making such redemption paymentthe Redemption Price, 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 Company of the Notes redeemed;
(f) 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, and upon surrender of such Note, a new Note or Notes in aggregate principal amount equal to the unredeemed portion thereof will be issued;
(g) if fewer than all the Notes are to be redeemed, the identification of the particular Notes (or, portion(s) thereof) to be redeemed, as well as the aggregate principal amount of Notes to be redeemed and the aggregate principal amount of Note(s) to be outstanding after such partial redemption; and
(h) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesredeemed.
Appears in 1 contract
Samples: Securities Purchase Agreement (TTM Technologies Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the The Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, mail notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 13 hereof. Except as set forth in Section 3.07 3.07(c) hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceprice (or method of calculating it);
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the place and address that payment will be made upon presentation and surrender of the Notes to be redeemed;
(e) the name and address of the Paying Agent;
(ef) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fg) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(gh) the paragraph or subparagraph of the Notes and/or Section of this Second Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed;
(hi) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(ij) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof3.09, the Issuer Issuers shall deliver electronically or electronically, mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 15 days but (or 2 days solely in respect of any Special Mandatory Redemption) but, except as set forth in the last paragraph of this Section 3.03, not more than 60 days before the Redemption Date or purchase date to each Holder of Senior Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be delivered or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof11. Except as set forth in Section 3.07 hereof, notices Notices of redemption (other than a Special Mandatory Redemption) may not be conditional. The notice shall identify the Senior Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price;
(c) if any Definitive Senior Note is to be redeemed or purchased in part only, the portion of the principal amount of that Senior Note that is to be redeemed or purchased and that, with respect to the Senior Notes represented by Definitive Notes after the Redemption Date upon surrender of such Senior Note, a new Senior Note or Senior Notes in a principal amount equal to the unredeemed or unpurchased portion of the original Senior Note representing the same indebtedness to the extent not redeemed shall or repurchased will be issued in the name of the Holder of the Senior Notes upon cancellation of the original Senior Note; provided that the new Senior Notes will be only issued in denominations of $2,000 and any integral multiple of $1,000 in excess thereof;
(d) the name and address of the Paying Agent;
(e) that Senior Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Senior Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Senior Notes and/or Section of this Indenture governing the Senior Notes, as applicable, pursuant to which the Senior Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Senior Notes; and
(i) if in connection with a redemption of Senior Notes pursuant to Section 3.07 hereof3.07, any condition to such redemption. At A notice of redemption need not set forth the Issuer’s requestexact Redemption Price but only the manner of calculation thereof. Notice of any redemption of, or any offer to purchase, the Trustee Senior Notes may, at the Issuers’ discretion, be given in connection with an Equity Offering, other transaction (or series of related transactions) or an event that constitutes a Change of Control and prior to the completion or the occurrence thereof, and any such redemption or purchase may, at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, completion or occurrence of the related Equity Offering, transaction or event, as the case may be. In addition, if such redemption or purchase is subject to satisfaction of one or more conditions precedent, such notice shall give describe each such condition, and if applicable, shall state that, in the Issuers’ discretion, the redemption or purchase date may be delayed until such time (including more than 60 days after the date the notice of redemption or offer to purchase was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption or purchase may not occur and such notice may be rescinded in the Issuer’s name and at its expense; provided event that the Issuer any or all such conditions shall not have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed been satisfied (or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to waived by the Trustee)Issuers in their sole discretion) by the redemption or purchase date or by the redemption or purchase date as so delayed, an Officer’s Certificate requesting that the Trustee give or such notice and setting forth or offer may be rescinded at any time in the information to Issuers’ discretion if the Issuers reasonably believe that any or all of such conditions will not be stated satisfied (or waived). In addition, the Issuers may provide in such notice as provided in that payment of the preceding paragraph. If redemption or purchase price and performance of the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any Issuers’ obligations with respect to such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesor offer to purchase may be performed by another Person.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresa redemption date, except that redemption notices may be mailed mailed, or with respect to Global Notes, delivered in accordance with the procedures of the Depositary, more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereofDischarge, notices the Issuers shall mail or deliver or cause to be mailed, by first class mail, or delivered, a notice of redemption may not to each Holder whose Notes are to be conditionalredeemed at its registered address. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases 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;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a redemption pursuant the procedures of the Depositary applicable to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject (a) When required to Section 3.09 hereofredeem Bonds under any provision of this Indenture, or when directed to do so by the Issuer or the Company pursuant to the provisions of this Indenture or any Supplemental Indenture authorizing the issuance of Additional Bonds or Refunding Bonds, the Issuer Trustee shall deliver electronically or mail or caused cause notice of the redemption to be mailed given not more than 60 days and not less than 15 days (30 days if the Bonds are on the Term Mode) prior to the redemption date by first-mailing copies of such notice of redemption by first class mail, postage prepaid, notices to all Holders of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes Bonds to be redeemed at their registered addresses, but failure to mail any such Holder’s registered address notice or otherwise defect in accordance the mailing thereof in respect of any Bond shall not affect the validity of the redemption of any other Bond with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior respect to a Redemption Date if the which notice is issued in connection with Article 8 or Article 11 hereofwas properly given. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The Each such notice shall identify the Notes to be redeemed dated and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall be issued given in the name of the Holder upon cancellation of Issuer and shall state the original Note;following information:
(di) the name identification numbers, as established under this Indenture, and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN numbernumbers, if any, printed on of the Notes Bonds being redeemed and redeemed, provided that any such notice shall state that no representation is made as to the correctness of CUSIP numbers either as printed on such Bonds or accuracy as contained in the notice of any such CUSIP redemption and ISIN number that is listed reliance may be placed only on the identification numbers contained in such the notice or printed on such Bonds;
(ii) any other descriptive information needed to identify accurately the NotesBonds being redeemed;
(iii) in the case of partial redemption of any Bonds, the respective principal amounts thereof to be redeemed;
(iv) the redemption date;
(v) the redemption price;
(vi) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and
(ivii) if in connection with a the place where such Bonds are to be surrendered for payment of the redemption pursuant to Section 3.07 hereofprice, any condition to such redemptionwhich place of payment shall be the Principal Office of the Trustee. At the Issuer’s requestIn addition, the Trustee shall give at all reasonable times make available to any party to any Transaction Document complete information as to Bonds which have been redeemed or called for redemption.
(b) In addition to the foregoing notice, further notice of any redemption in the Issuer’s name and at its expense; provided that the Issuer of Bonds hereunder shall have delivered to be given by the Trustee, at least five two Business Days before in advance of the mailed notice to Holders, by registered or certified mail or overnight delivery service to (i) the Rating Agencies or its successors, if any, and to (ii) Financial Information, Inc.'s "Daily Called Bond Service", 00 Xxxxxxxxxx Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Editor; Xxxxx Information Services' "Called Bond Service", 00 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000; and Standard and Poor's "Called Bond Record", 00 Xxxxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000; or, in accordance with then-current guidelines of the Securities and Exchange Commission, to such other addresses and/or such other services, as the Issuer may designate with respect to the Bonds, or no such services, as the Issuer may designate in a certificate of the Issuer delivered to the Trustee. So long as the Bonds or any portion thereof are held by DTC, the Trustee shall send each notice of redemption of the Bonds to DTC at 000 Xxxxxxx Xxxxxx, Garden City, New York, 11530, Attention: Call Notification Department (FAX - (000) 000-0000)) or at such other address as may be provided in writing to the Trustee from time to time. The foregoing notice of redemption shall be sent to DTC at least 30 days prior to the redemption date by legible facsimile transmission, certified or registered mail, overnight delivery service or another secure method which enables the Trustee subsequently to verify the transmission of such notice. Such further notice shall contain the information required in Subsection 3.04(a). Failure to give all or any portion of such further notice shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is required given to be mailed or caused to be mailed to the Holders as prescribed in Subsection 3.04(a).
(c) If at the time of mailing of notice of any extraordinary optional redemption there shall not have been deposited moneys in the Bond Fund available for payment pursuant to this Subsection 5.04(c) sufficient to redeem all the Bonds called for redemption, such notice shall state that it is conditional in that it is subject to the deposit of the redemption moneys in the Bond Fund available for payment pursuant to Section 3.03 (unless a shorter 5.04 not later than 12:00 noon on the redemption date, in which case such notice shall be agreed to by 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. If the Notes of no effect unless moneys are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesdeposited.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer The Issuers shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of the Depositary, except a notice of redemption to each Holder whose Notes are to be redeemed not less than 10 nor more than 60 days prior to a date fixed for redemption (a “Redemption Date”); provided, however, that redemption notices may be mailed delivered more than 60 days prior to a Redemption Date if (i) the notice is issued pursuant to Article VIII or (ii) in connection with Article 8 the case of a redemption that is subject to one or Article 11 hereofmore conditions precedent, the date of redemption is extended as permitted under this Indenture. Except as set forth At the Issuers’ written request, the Trustee may give notice of redemption in Section 3.07 hereof, the Issuers’ name and at the Issuers’ expense. All notices of redemption may not shall be conditional. The notice shall identify prepared by the Notes to be redeemed Issuers and shall state:
(a) the Redemption Date;
(b) the redemption priceprice and the amount of accrued interest to, but excluding, the Redemption Date payable as provided in Section 5.6, if any;
(c) if less than all outstanding 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;
(d) in case any Definitive Note is to be redeemed in part only, the portion of the principal amount of notice which relates to such Note shall state that Note that is to be redeemed on and that, after the Redemption Date Date, upon surrender of such Note, the Holder shall receive, without charge, a new Note or Notes in of authorized denominations for the principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Notethereof remaining unredeemed;
(de) that on the Redemption Date the redemption price (and accrued interest to, but excluding, the Redemption Date payable as provided in Section 5.6, if any) shall become due and payable upon each such Note, or the portion thereof, to be redeemed, and, unless the Issuers default in making the redemption payment, that interest on Notes called for redemption (or the portion thereof) shall cease to accrue on and after said date;
(f) the place or places where such Notes are to be surrendered for payment of the redemption price and accrued interest, if any;
(g) the name and address of the Paying Agent;
(eh) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fi) thatthe CUSIP number, unless and that no representation is made as to the Issuer defaults accuracy or correctness of the CUSIP number, if any, listed in making such redemption payment, interest notice or printed on Notes called for redemption ceases to accrue on and after the Redemption DateNotes;
(gj) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being to be redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(ik) if in connection with a redemption pursuant to Section 3.07 hereof, any condition conditions to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s Issuers’ name and at its expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five two Business Days before prior to when the notice of the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)given, 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. If Such Officer’s Certificate shall state that all conditions precedent to the Notes are listed on an exchange, and the rules delivery of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesnotice have been complied with.
Appears in 1 contract
Samples: Indenture (Ortho Clinical Diagnostics Holdings PLC)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 10 days but not more than 60 days before the Redemption Date redemption date, the Issuer will send or cause to be sent, by electronic delivery or by first class mail postage prepaid, a notice of redemption to each Holder of (with a copy to the Trustee) whose Notes are to be redeemed at the address of such Holder’s registered address Holder appearing in the security register or otherwise in accordance with Applicable Proceduresthe applicable procedures of DTC, except that redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of the Notes or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices a satisfaction and discharge of redemption may not be conditionalthis Indenture pursuant to Articles VIII or XI hereto. The notice shall will identify the Notes (including the CUSIP or ISIN number) to be redeemed and shall will state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall will give the notice of redemption in the Issuer’s name and at its expense; provided provided, however, that the Issuer shall have has delivered to the Trustee, at least five three (3) Business Days before notice (or if any of redemption is required the Notes to be mailed redeemed are in definitive form, five (5) Business Days) prior to the date on which the Issuer instructs the Trustee to give the notice (or caused to be mailed to Holders pursuant to this Section 3.03 (unless a such shorter notice shall be agreed to by period as the TrusteeTrustee 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. If Notice of any redemption of the Notes are listed on may, at the Issuer’s discretion, be given prior to the completion of a transaction (including an exchangeEquity 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 rules 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 exchange 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 requiredelayed. In addition, the Issuer shall notify may provide in such notice that payment of the exchange redemption price and performance of any the Issuer’s obligations with respect to such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesmay be performed by another Person.
Appears in 1 contract
Samples: Indenture (Macy's, Inc.)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices Notice of redemption shall be given in the manner provided in Section 1.07, at least 30 days days, but not more than 60 days before days, prior to the Redemption Date Date; provided, that failure to each give such notice in the manner herein provided to the Holder of Notes any Note designated for redemption as a whole or in part, or any defect in the notice to be redeemed at any such Holder’s registered address , shall not affect the validity of the proceedings for the redemption of any other such Note or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereofportion thereof. Except as set forth in Section 3.07 hereof, All notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceRedemption Price;
(c) if less than all Outstanding Notes are to be redeemed, the identification (and, in the case of partial redemption, the principal amount) of the particular Notes to be redeemed;
(d) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of that such Note that is to be redeemed redeemed, and that, the notice that relates to such Note shall state that on and after the Redemption Date Date, upon surrender of such Note, the holder shall receive, without a charge, a new Note or Notes in of authorized denominations for the principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agentthereof remaining unredeemed;
(e) that on the Redemption Date, the Redemption Price shall become due and payable upon each such Note, or the portion thereof, to be redeemed;
(f) that the interest on the Note or the portion of the principal amount of the Note to be redeemed accrued to, but excluding, the Redemption Date will be paid as specified in such notice and that on and after the Redemption Date, interest thereon or on the portion thereof to be redeemed will cease to accrue;
(g) the Place or Places of Payment where such Notes are to be surrendered for payment of the Redemption Price;
(h) that Notes called for redemption must be presented and surrendered to the Paying Agent to collect the redemption price;
(fi) that, unless the Issuer defaults in making such redemption payment, interest on then current Conversion Consideration;
(j) that the Notes called for redemption ceases may be converted for the Conversion Consideration at any time before the close of business on the last Business Day prior to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(hk) the CUSIP and ISIN numbernumber of such Note, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP and ISIN number that is listed in such notice or printed on the Notes; and
(il) if that a Holder of Notes who desires to convert Notes must satisfy the requirements for conversion contained in connection with a such Notes. Notice of redemption pursuant of Notes to Section 3.07 hereofbe redeemed shall be given by the Company or, any condition to such redemption. At at the Issuer’s Company's request, by the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, expense of the principal amount of any Notes outstanding following any partial redemption of NotesCompany.
Appears in 1 contract
Samples: Indenture (Transwitch Corp /De)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 days but not more than 60 days before a Redemption Date, the Redemption Date Company shall mail by first-class mail a notice of redemption to each Holder of holder whose Notes are to be redeemed redeemed, at such Holder’s holder's registered address or otherwise in accordance with Applicable Procedures, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionaladdress. The notice shall identify the Notes to be redeemed and shall state:
(a1) the Redemption Date;
(b2) the redemption priceRedemption Price;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such Note that is to be redeemed and that, after the Redemption Date 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 shall will be issued in the name of the Holder upon cancellation of the original Noteholder thereof;
(d) the name and address of the Paying Agent;
(e4) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(f5) that, unless the Issuer defaults in making such redemption payment, that interest on Notes called for redemption and for which funds have been set apart for payment, ceases to accrue on and after the Redemption DateDate (unless the Company defaults in the payment of the Redemption Price or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture);
(g6) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h7) the aggregate principal amount of Notes (if less than all) that are being redeemed;
(8) the CUSIP number of the Notes (provided that the disclaimer permitted by Section 2.13 may be made);
(9) the name and ISIN number, if any, printed address of the Paying Agent;
(10) that Notes called for redemption may be converted at any time prior to the close of business on the Notes being redeemed last Trading Day immediately preceding the Redemption Date and that no representation is made as if not converted prior to the correctness or accuracy close of any business on such CUSIP and ISIN number that is listed in such notice or printed on date, the Notesright of conversion will be lost; and
(i11) that in the case of Notes or portions thereof called for redemption on a date that is also an Interest Payment Date, the interest payment 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 connection with 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 pursuant to Section 3.07 hereof, of any condition to such redemptionNote. At the Issuer’s requestCompany's written request delivered at least 15 days prior to the date such notice is to be given (unless a shorter period shall be acceptable to the Trustee), the Trustee shall give the notice of redemption in the Issuer’s Company's name and at its the Company's expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Samples: Indenture (Agere Systems Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 days 10 but not more than 60 days before a redemption date, the Redemption Date Issuers will send or cause to be sent, by electronic delivery, or at the Issuers’ option, by first class mail postage prepaid, a notice of redemption to each Holder of whose Notes are to be redeemed at the address of such Holder’s registered address Holder appearing in the security register or otherwise in accordance with Applicable Proceduresthe applicable procedures of DTC, except that redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a legal or Article 11 covenant defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles VIII or XI hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall will identify the Notes (including the CUSIP or ISIN number) to be redeemed and shall will state:
(ai) the Redemption Dateredemption date;
(bii) the redemption price;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fvi) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(gvii) 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
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall will give the notice of redemption in the Issuer’s Issuers’ name and at its their expense; provided provided, however, that the Issuer shall Issuers have delivered to the Trustee, at least five two Business Days (or such shorter period as the Trustee may agree) before notice of redemption is required to be delivered, mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)5.3, 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. .
(b) If the Notes are listed on an exchange, and the rules of such exchange so requireany Note is to be redeemed in part only, the Issuer notice of redemption that relates to that Note shall notify state the exchange of any such redemption and, if applicable, 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 outstanding following any partial 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 Notesthe redemption payment, interest ceases to accrue on Notes or portions of them called for redemption.
Appears in 1 contract
Samples: Indenture (Ladder Capital Corp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at (a) At least 30 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a defeasance of the Notes or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices a satisfaction and discharge of redemption may not be conditionalthis Indenture. The notice shall identify the Notes to be redeemed (including the CUSIP number) and shall state:
(ai) the Redemption Dateredemption date;
(bii) the redemption price;
(ciii) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount at maturity of that such 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 shall be issued in the name of the Holder thereof upon cancellation of the original Note;
(div) the name and address of the Paying Agent;
(ev) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceprice and become due on the date fixed for redemption;
(fvi) that, unless the Issuer Company defaults in making such redemption payment, interest interest, if any, on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(gvii) 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
(hviii) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and.
(ib) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the IssuerCompany’s name and at its expense; provided provided, however, that the Issuer Company shall have delivered to the Trustee, at least five Business Days before notice of 45 days prior to the redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)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 paragraphSection 3.03(a). If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption andThe notice, if applicablemailed in the manner provided herein shall be presumed to have been given, of whether or not the principal amount of any Notes outstanding following any partial redemption of NotesHolder receives such notice.
Appears in 1 contract
Samples: Indenture (Bon Ton Stores Inc)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 10 days but not more than 60 days before a redemption date, the Redemption Date Company shall mail or cause to be mailed, by first class mail, a notice of redemption to the Trustee and each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article a defeasance of the Notes or a satisfaction and discharge of this Indenture pursuant to Articles 8 or Article 11 12 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditional. The notice shall identify the Notes (including CUSIP numbers) to be redeemed and shall will state:
(a1) the Redemption Dateredemption date;
(b2) the redemption price;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 shall will be issued in the name of the Holder upon cancellation of the original NoteNote or with respect to a Global Note a notation shall be made on Schedule A thereto to reduce the principal amount of the Global Note to an amount equal to the unredeemed portion of the Global Note surrendered;
(d4) the name and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f6) that, unless the Issuer 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;
(g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) 8) whether the CUSIP and ISIN number, if any, printed on redemption of the Notes being redeemed and is subject to one or more conditions precedent; and
(9) that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection . In addition, any notice given with respect to a redemption pursuant to Section 3.07 hereof, may provide that payment of the redemption price and performance of the Company’s obligations with respect to any condition to such redemptionredemption or purchase may be performed by another Person. At the IssuerCompany’s request, the Trustee shall will give the notice of redemption in the IssuerCompany’s name and at its their expense; provided provided, however, that the Issuer shall have Company has delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed 10 days (or caused to be mailed to Holders pursuant to this Section 3.03 (unless a such shorter notice period as shall be agreed acceptable to by the Trustee)) 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 this Section 3.03. Any notice of redemption may, at the preceding paragraphCompany’s discretion, state that it is subject to one or more conditions precedent, including, but not limited to, completion of any debt or equity offering, Change of Control or other corporate transaction or event. If In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Notes are listed on an exchange, and the rules of such exchange so requireCompany’s discretion, the Issuer redemption date may be delayed until such time as any or all such conditions shall notify the exchange of any be satisfied, or such redemption andmay 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, if applicable, of or by the principal amount of any Notes outstanding following any partial redemption of Notesdate so delayed.
Appears in 1 contract
Samples: Indenture (Mastec Inc)
Notice of Redemption. Subject to Section Sections 3.07(e) and 3.09 hereof, the Issuer shall deliver electronically or send electronically, mail or caused cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 10 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with the Applicable Procedures, except that redemption notices may be mailed delivered more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 a conditional redemption or Article 11 VIII or Article XI hereof. Except as set forth in Section 3.07 hereofFor Notes held on behalf of Euroclear or Clearstream, notices may be given by delivery of redemption may not be conditionalthe relevant notices to Euroclear or Clearstream, as applicable, for communication to entitled account holders in substitution for the aforementioned delivery. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP ISIN number and ISIN numberCommon Code, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such CUSIP ISIN and ISIN Common Code number that is listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee or Paying Agent shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the TrusteeTrustee and Paying Agent, at least five Business Days before notice of redemption is required to be delivered electronically, mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by the TrusteeTrustee or the Paying Agent ), an Officer’s Certificate requesting that the Trustee or Paying Agent give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. If paragraph and setting forth the Notes are listed on an exchange, and the rules form of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesnotice.
Appears in 1 contract
Samples: Indenture (Catalent, Inc.)
Notice of Redemption. Subject Unless otherwise provided by a Notes Supplemental Indenture for a particular Series of Notes, if the Issuer elects to redeem a Series of Notes pursuant to Section 3.09 3.07 hereof, the Issuer shall deliver notices of redemption electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days 10 but not more than 60 days before the Redemption Date purchase or redemption date to each Holder of Notes of the relevant Series (with a copy to be redeemed the Trustee) at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices Notices of redemption may not be conditional. The notice shall identify the Notes of the Series to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption price;
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the Series in principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered written notice to the Trustee, at least five 5 Business Days before prior to the date on which notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 sent (unless a shorter notice shall be agreed to by the Trustee), ) in the form of 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. If Any notice of any redemption may be given prior to the Notes are listed on an exchangeredemption thereof, and any such redemption or notice may, at the rules Issuer’s discretion, be subject to one or more conditions precedent, including, without limitation, the consummation of an incurrence or issuance of debt or equity or a Parent Change of Control or other corporate transaction. If such exchange redemption is so requiresubject 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 shall notify may provide in such notice that payment of the exchange redemption price and performance of any the Issuer’s obligations with respect to such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notesmay be performed by another Person.
Appears in 1 contract
Samples: Indenture (Azul Sa)
Notice of Redemption. Subject to the provisions of Section 3.09 hereof3.9, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before a redemption date, the Redemption Date Issuer shall mail or cause to be mailed by first class mail (and, to the extent permitted by applicable procedures or regulations, electronically), a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued mailed in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices a satisfaction and discharge of redemption may not be conditionalthis Indenture. The notice shall identify the Notes to be redeemed and shall state:
(a1) the redemption date;
(2) the Redemption DatePrice;
(b) the redemption price;
(c3) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that Note that is such Notes 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 shall be issued in the name of the Holder upon cancellation of the original Note;
(d4) the name name, telephone number and address of the Paying Agent;
(e5) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(f6) that, unless the Issuer defaults in making such redemption payment, interest interest, if any, on Notes called for redemption ceases to accrue on and after the Redemption Dateredemption date;
(g7) the paragraph or subparagraph of the Notes and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and 8) that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i9) if in connection with a redemption pursuant fewer than all the Notes are to Section 3.07 hereofbe redeemed, any condition 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. At the Issuer’s written request, the Trustee shall give the notice of redemption in the Issuer’s name and at its the Issuer’s expense; provided provided, however, that the Issuer shall have delivered to the Trustee, Trustee at least five Business Days before notice of 45 days prior to the redemption date (or such shorter period as is required acceptable to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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 the notices as provided in the preceding paragraph. If The notice mailed in the Notes are listed on an exchangemanner herein provided shall be conclusively presumed to have been duly given whether or not a Holder receives such notice. In any case, and failure to give such notice by mail or any defect in the rules of such exchange so require, notice to the Issuer shall notify the exchange Holder of any such redemption and, if applicable, Note shall not affect the validity of the principal amount proceeding for the redemption of any Notes outstanding following any partial redemption of Notesother Note.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at At least 30 15 days but not more than 60 days before a redemption date the Redemption Date Issuers shall prepare and send, or cause to be sent, a notice of redemption to each Holder of whose Notes are to be redeemed at such Holder’s its registered address or otherwise in accordance with Applicable Proceduresaddress, except that redemption notices may be mailed sent more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 a Legal Defeasance, Covenant Defeasance or Article 11 hereof. Except as set forth in Section 3.07 hereof, notices of redemption may not be conditionalDischarge. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Dateredemption date;
(b) the redemption priceprice or, if the redemption price is not then determinable, the manner in which it is to be determined;
(c) if any Definitive Note is to be being redeemed in part onlypart, the portion of the principal amount of that such 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 a principal amount equal to the unredeemed portion of the original Note representing the same indebtedness to the extent not redeemed shall be issued in the name of the Holder upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer defaults Issuers default 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 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;
(g) the paragraph or subparagraph of the Notes and/or or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;; and
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if . If any of the Notes to be redeemed is in connection the form of a Global Note, then the Issuers shall modify such notice to the extent necessary to accord with a redemption pursuant the procedures of the Depository applicable to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Issuer’s name Issuers’ names and at its their expense; provided provided, however, that the Issuer Issuers shall have delivered to the Trustee, at least five Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this as provided in Section 3.03 (unless a shorter notice shall be agreed to by the Trustee)3.01, 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 second preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Samples: Indenture (Global Partners Lp)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer The Issuers shall deliver electronically or mail mail, or caused cause to be mailed delivered electronically or mailed, by first-class mail, postage prepaid, mail notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of the Depository, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 8 or Article 11 hereof. Except as set forth 11; provided that in connection with a Special Mandatory Redemption pursuant to Section 3.07 3.09 hereof, notices the redemption notice may be mailed less than 30 days prior to the Redemption Date. Notices of redemption may not be conditional, provided that any notice delivered pursuant to Section 3.07(c) may, at an Issuer’s discretion, be subject to completion of an Equity Offering. The notice shall identify the Notes to be redeemed (including CUSIP and/or ISIN numbers) and shall state:
(a) the Redemption Date;
(b) the redemption priceprice (or manner of calculation if not then known);
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceprice and become due on the date fixed for redemption;
(f) that, unless the Issuer defaults Issuers default in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) 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
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s Issuers’ request, the Trustee shall give the notice of redemption in the Issuer’s name of each Issuer and at its their expense; provided that the Issuer Issuers shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed delivered or caused to be mailed delivered to Holders pursuant to this Section Section 3.03 (unless a shorter notice shall be agreed to by the Trustee), an Officer’s Officers’ Certificate requesting that the Trustee give such notice and setting forth a copy of the notice containing the information to be stated in such notice as provided required in the preceding paragraph. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Samples: Indenture (Zayo Group LLC)
Notice of Redemption. Subject to Section 3.09 hereof, the Issuer notices of redemption shall deliver electronically or mail or caused to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before the Redemption Date redemption date to each Holder of Senior Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that notices of redemption notices may be mailed more than 60 days prior to a Redemption Date redemption date if the notice is issued in connection with Article 8 or Article 11 hereof. Except as set forth in Section 3.07 3.07(c) and Section 3.07(d) hereof, notices of redemption may not be conditional. The notice shall identify the Senior Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption price;
(c) if any Definitive Senior Note is to be redeemed in part only, the portion of the principal amount of that Senior Note that is to be redeemed and that, after the Redemption Date upon surrender of such Senior Note, a new Senior Note or Senior Notes in principal amount equal to the unredeemed portion of the original Senior Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Senior Notes upon cancellation of the original Senior Note;
(d) the name and address of the Paying Agent;
(e) that Senior Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f) that, unless the Issuer Company defaults in making such redemption payment, interest on Senior Notes called for redemption ceases to accrue on and after the Redemption Date;
(g) the paragraph or subparagraph of the Senior Notes and/or Section of this Indenture pursuant to which the Senior Notes called for redemption are being redeemed;
(h) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and ISIN number that is number, if any, listed in such notice or printed on the Senior Notes; and
(i) if in connection with a redemption pursuant to Section 3.07 3.07(c) or 3.07(d) hereof, any condition to such redemption. At the IssuerCompany’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer Company shall have delivered to the Trustee, at least five 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.03 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
Appears in 1 contract
Notice of Redemption. Subject to Section 3.09 hereof, the The Issuer shall deliver electronically or mail or caused cause to be mailed by first-class mail, postage prepaid, mail notices of redemption at least 30 days but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address or otherwise in accordance with Applicable Proceduresthe procedures of DTC, except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with Article 8 or Article 11 13 hereof. Except as set forth in Section 3.07 3.07(c) hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the Redemption Date;
(b) the redemption priceprice (or method of calculating it);
(c) if any Definitive Note is to be redeemed in part only, the portion of the principal amount of 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 of the original Note representing the same indebtedness to the extent not redeemed shall will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the place and address that payment will be made upon presentation and surrender of the Notes to be redeemed;
(e) the name and address of the Paying Agent;
(ef) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fg) that, unless the Issuer defaults in making such redemption payment, interest on Notes called for redemption ceases to accrue on and after the Redemption Date;
(gh) the paragraph or subparagraph of the Notes and/or Section of this Eighteenth Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed;
(hi) the CUSIP and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of any such the CUSIP and and/or ISIN number that is number, if any, listed in such notice or printed on the Notes; and
(ij) if in connection with a redemption pursuant to Section 3.07 hereof, any condition to such redemption. At the Issuer’s request, the Trustee shall give the notice of redemption in the Issuer’s name and at its expense; provided that the Issuer shall have delivered to the Trustee, at least 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 (unless a shorter notice shall be agreed to by 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. If the Notes are listed on an exchange, and the rules of such exchange so require, the Issuer shall notify the exchange of any such redemption and, if applicable, of the principal amount of any Notes outstanding following any partial redemption of Notes.
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