Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state: (a) the redemption date; (b) the redemption price (if then determined and otherwise the basis for its determination); (c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date; (g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and (h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)
Notice of Redemption. At least 30 days but not more than 60 days before prior to a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its such Holder’s registered addressaddress appearing in the Security Register, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance pursuant to Article 8 hereof or a Covenant Defeasancesatisfaction and discharge pursuant to Article 10 hereof. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption 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 (if then determined and otherwise 2) Business Days prior to the basis for its determination);redemption date.
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, if applicable, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section applicable section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN numbers, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01at least 45 days (or such shorter period allowed by the Trustee), prior to the redemption date, an 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 paragraphthis Section 3.03.
Appears in 2 contracts
Notice of Redemption. At With respect to any redemption of Notes pursuant to Section 3.01(a), at least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company Issuer, and with respect to any redemption of Notes pursuant to Section 3.01(b), within 10 days before a Redemption Date, the Trustee, shall mail or cause to be mailed, by first class mail, a notice of redemption by first-class mail to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasanceredeemed. The notice shall identify the Notes to be redeemed and shall state:
(ai) the redemption dateRedemption Date;
(bii) the redemption price (if then determined and otherwise the basis for its determination)Redemption 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 Note is being redeemed in part, the portion of the principal amount (equal to $1,000 in principal amount or any integral multiple thereof) of such Note to be redeemed and that, on and after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall thereof will be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedreissued; and
(hvii) the CUSIP that, if any Note contains a CUSIP, CINS or ISIN number printed on the Notes and that as provided in Section 2.13, no representation is being made as to the correctness or accuracy of the CUSIP CUSIP, CINS or ISIN number listed either as printed on the Notes or as contained in such the notice or of redemption and that reliance may be placed only on the other identification numbers printed on the Notes. If At the Issuer's request (which request may be revoked by the Issuer at any of time prior to the Notes to be redeemed is in time at which the form of a Global Note, then the Company Trustee shall modify have given such notice to the extent necessary Holders), made in writing to accord with the procedures of Trustee at least 45 days (or such shorter period as shall be satisfactory to the Depository applicable to redemption. At the Company’s requestTrustee) before a Redemption Date, the Trustee shall give the notice of redemption pursuant to Section 3.01(a) in the Company’s name and at its expense; providedthe expense of the Issuer. If, however, that the Company shall have delivered Issuer gives such notice to the TrusteeHolders, as provided in Section 3.01, the Issuer shall concurrently deliver to the Trustee an Officers’ ' Certificate requesting stating that the Trustee give such notice has been given. The Trustee shall give the notice of redemption if and setting forth the information as required pursuant to be stated in such notice as provided in the preceding paragraphSection 3.01(b).
Appears in 2 contracts
Samples: Indenture (Multicare Companies Inc), Indenture (Genesis Eldercare Acquisition Corp)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company The Issuer shall mail or cause to be mailed, mailed by first class mail, mail to each Holder’s registered address or otherwise in accordance with the procedures of DTC a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressnot less than ten nor more than 60 days prior to a date fixed for redemption (a “Redemption Date”); provided, except however, that redemption notices may be mailed more than 60 days prior to a redemption date Redemption Date if the notice is issued pursuant to Article VIII or, in connection with the case of a Legal Defeasance redemption that is subject to one or a Covenant Defeasancemore conditions precedent, if the Redemption Date is extended as permitted under this Indenture. The At the Issuer’s written request, the Trustee or the Paying Agent may give notice of redemption in the Issuer’s name and at the Issuer’s expense. All notices of redemption shall identify be prepared by the Notes to be redeemed Issuer and shall state:
(a) the redemption date;Redemption Date,
(b) the redemption price (and the amount of accrued interest to, but excluding, the Redemption Date payable as provided in Section 5.7, if then determined and otherwise the basis for its determination);any,
(c) if any Note is being redeemed in partless than all outstanding Notes are to be redeemed, the portion identification of the particular Notes (or portion thereof) to be redeemed, as well as the aggregate principal amount of such Note Notes to be redeemed and thatthe aggregate principal amount of Notes to be outstanding after such partial redemption,
(d) in case any Note is to be redeemed in part only, the notice that relates to such Note shall state that on and after the redemption date Redemption Date, upon surrender of such Note, the Holder shall receive, without charge, a new Note or Notes in a of authorized denominations for the principal amount equal thereof remaining unredeemed,
(e) that on the Redemption Date the redemption price (and accrued interest to, but excluding, the Redemption Date payable as provided in Section 5.7, if any) shall become due and payable upon each such Note, or the portion thereof, to be redeemed, and, unless the unredeemed Issuer defaults 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 issued upon cancellation surrendered for payment of the original Note;redemption price and accrued interest, if any,
(dg) 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 or ISIN number, unless as applicable, and that no representation is made as to the Company defaults accuracy or correctness of the CUSIP or ISIN number, if any, listed in making such redemption paymentnotice or printed on the Notes, interest on Notes called for redemption cease to accrue on and after the redemption date;and
(gj) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemptionredeemed. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company Issuer shall have delivered to the Trustee, at least five Business Days prior to the date when a redemption notice is sent (or any shorter period as provided the Trustee may agree in Section 3.01writing), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Such Officer’s Certificate shall state that all conditions precedent to the delivery of such notice have been complied with.
Appears in 2 contracts
Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, If the Company shall mail elects to redeem any Notes pursuant to the optional redemption provisions of Section 10.7 hereof, or cause if the Company is required to be mailedoffer to redeem the Notes pursuant to the mandatory redemption provisions of Section 10.8, by first class mail, a notice of redemption to each Holder whose Notes are to shall be redeemed at its registered address, except that redemption notices may be mailed given in the manner provided in Section 1.6 not less than 30 days nor more than 60 days prior to a the Redemption Date to the Holders of the Notes to be redeemed. All notices of redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a1) the redemption dateRedemption Date;
(b2) the redemption price (if then determined Redemption Price and otherwise accrued interest to, but excluding, the basis for its determination)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 Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed in part only, the notice which relates to such Note shall state that on and that, after the redemption date Redemption Date, upon surrender of such Note, the Holder will receive, without a charge, a new Note or Notes in a of authorized denominations for the principal amount equal to the unredeemed portion shall be issued 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 Company 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 thereon will cease to accrue on and after the redemption said date;
(g) 8) the paragraph of the Notes or Section clause of this Indenture pursuant to which the Notes called for redemption are being redeemed; andshall occur;
(h9) the CUSIP number printed on the Notes and Number; provided that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ;
(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
(14) the name and address of each Paying Agent and Conversion Agent. Notice of redemption of Notes to be redeemed is in the form of a Global Note, then shall be given by the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At or, at the Company’s request, by the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to expense of the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphCompany.
Appears in 2 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)
Notice of Redemption. At The Issuers shall mail or cause to be mailed by first-class mail notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the procedures of the Depository, 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 Legal Defeasance Article 8 or a Covenant DefeasanceArticle 14. 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuers defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name of each Issuer and at its their expense; provided, however, provided that the Company Issuers shall have delivered to the Trustee, as provided in at least 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Tops Markets Ii Corp), Indenture (Tops Holding Corp)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company DIMAC Holdings shall mail or cause to be mailed, by first class mail, a notice of redemption by first class mail to each Holder whose Notes are to be redeemed at its such Holder's registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being redeemed in partpart only, the portion of the principal amount of such Note to be redeemed and that, after the redemption date date, upon surrender cancellation of such the original Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company DIMAC Holdings defaults in making such redemption payment, interest on Notes or portions of Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section and/or the section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemptionredeemed. At the Company’s DIMAC Holdings's request, the Trustee shall give the notice of redemption in the Company’s name of DIMAC Holdings and at its DIMAC Holdings's expense; provided, however, PROVIDED that the Company DIMAC Holdings shall have delivered deliver to the Trustee, as provided in Section 3.01at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the redemption date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Securities Purchase Agreement (DMW Worldwide Inc), Indenture (Dimac Holdings Inc)
Notice of Redemption. At Subject to Section 3.10 hereof, the Issuers shall mail or cause 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 Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 13 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(i) if in connection with a redemption pursuant to Section 3.07(b) hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, provided that the Company Issuers shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Avago Technologies LTD), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Notice of Redemption. At (a) Notices of redemption shall be mailed to Holders of the Notes to be redeemed by first-class mail at least 30 days but and not more than 60 days before a redemption date, prior to the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressRedemption Date, except that redemption notices may be mailed more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of Notes pursuant to Article Eight hereof or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article Nine hereof and redemption notices may be mailed not less than three days prior to a Redemption Date if the notice is issued with respect to Notes to be redeemed as set forth under clause (c) of Section 3.01 or Section 3.02 hereof. Notices of redemption may not be conditional.
(b) The notice shall identify the Notes to be redeemed and shall state:
(ai) the redemption dateRedemption Date;
(bii) the redemption price (if then determined and otherwise the basis for its determination)Redemption 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 Note is being redeemed in part, the portion of the principal amount (equal to integral multiples of U.S.$1,000) of such Note to be redeemed and that, on and after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall thereof will be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedreissued; and
(hvii) the that, if any Note contains a CUSIP or ISIN number printed on the Notes and that as provided in Section 2.13 hereof, no representation is being made as to the correctness or accuracy of the CUSIP or ISIN number listed either as printed on the Notes or as contained in such the notice or of redemption and that reliance may be placed only on the other identification numbers printed on the Notes. If any of .
(c) At the Notes to Company’s request (which request may be redeemed is in the form of a Global Note, then revoked by the Company at any time prior to the time at which the Trustee shall modify have given such notice to the extent necessary Holders), made in writing to accord with the procedures of Trustee at least 60 days (or such shorter period as shall be satisfactory to the Depository applicable to redemption. At the Company’s requestTrustee) before a Redemption Date, the Trustee shall give the notice of redemption in the Company’s name and at its expense; providedthe expense of the Company. If, however, that the Company gives such notice to the Holders, the Company shall have delivered concurrently deliver to the Trustee, as provided in Section 3.01, Trustee an Officers’ 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 paragraphhas been given.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, notices of redemption shall be mailed by first class mail at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its registered address. If any Note is to be redeemed in part 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 a Legal Defeasance 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 a Covenant Defeasanceportions of them called for redemption. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01at least 45 days prior to the redemption date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Charles River Laboratories Inc), Indenture (Charles River Laboratories Holdings Inc)
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuer shall deliver notices of purchase or redemption electronically or by first-class mail, postage prepaid, at least 30 days 15 but not more than 60 days before a the purchase or redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are (with a copy to be redeemed the Trustee) at its such Holder’s registered addressaddress or otherwise in accordance with the 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 Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Notices of redemption may be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in 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 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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN Code, if any, listed in such notice or printed on the Notes. If ; and
(i) any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered written notice to the Trustee, as provided at least 20 days prior to the redemption date (unless a shorter notice shall be agreed to by the Trustee) in Section 3.01, the form of an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Sotera Health Co), Indenture (Sotera Health Co)
Notice of Redemption. At 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 a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with Applicable Procedures, 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 Legal Defeasance Article 8 or a Covenant DefeasanceArticle 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Definitive Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in 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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number and ISIN number, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of the any such CUSIP and ISIN number that is listed in such notice or printed on the Notes. If ; and
(i) if in connection with a redemption pursuant to Section 3.07 hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in 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 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. 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 Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.), Senior Secured Notes Indenture (American Tire Distributors Holdings, Inc.)
Notice of Redemption. At The Issuers shall send electronically, mail or cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress stated in the Note Register or otherwise in accordance with the Applicable Procedures, except that redemption notices may be delivered or mailed more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Notices of redemption may, at the Issuers’ discretion, be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Definitive Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder upon cancellation of the original Note; provided that new Notes will only be issued in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof;
(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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number and ISIN, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of the any such CUSIP number or ISIN that is listed in such notice or printed on the Notes; and
(i) any conditions to such redemption. If In addition, any notice of the Notes redemption may include additional information, including any information pursuant to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemptionSection 3.07(f) hereof. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its their expense; provided, however, provided that the Company Issuers shall have delivered to the Trustee, as provided in at least 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 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. 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 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. At least 30 Not less than 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, postage prepaid, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresstheir respective addresses as they appear on the registration books of the Registrar, with a 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 if the notice is issued in connection with a Legal Defeasance defeasance of the Notes pursuant to Article VIII or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article X. So long as any 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, the Company shall provide any notice of redemption to 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 record date for the redemption and the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note series of Notes is being redeemed in part, the portion of the principal amount of such Note thereof to be redeemed (including the beginning and ending pool factor for Notes represented by a Global Note) and that, after the redemption date upon surrender (if applicable) of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will be issued 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 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 cease ceases to accrue on and after the redemption date, unless the redemption price is not paid on the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number CUSIP, ISIN or Common Code number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s requestdirection, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have has delivered to the Trustee, as provided at least 5 Business Days prior to the date on which the Company is to give notice of redemption to the Holders (unless a shorter period shall be acceptable to the Trustee in Section 3.01its sole discretion), an Officers’ 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.
Appears in 2 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuer shall mail or cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before a the purchase or redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered 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 the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 12 hereof. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) that if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (CC Media Holdings Inc), Indenture (C C Media Holdings Inc)
Notice of Redemption. At least 30 (a) The Issuer shall mail or deliver by electronic transmission in accordance with the Applicable Procedures, or cause to be mailed (or delivered by electronic transmission in accordance with the Applicable Procedures) notices of redemption of Notes not less than 10 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder (with a copy to the Trustee) whose Notes are to be redeemed pursuant to this Article at its such Holder’s registered addressaddress 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 if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant Defeasance. Article 11.
(b) The notice shall identify the Notes to be redeemed (including CUSIP and ISIN number, if applicable) and shall state:
(a1) the redemption date;
(b2) the redemption price (price, including the portion thereof representing any accrued and unpaid interest; or if not then determined and otherwise ascertainable, the basis for its determination)manner of calculation thereof;
(c3) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company Issuer defaults in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g7) the paragraph or subparagraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and 8) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If ;
(9) if applicable, any condition to such redemption; and
(10) if applicable, that payment of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures redemption price and performance of the Depository applicable Issuer’s obligations with respect to redemption. such redemption may be performed by another Person.
(c) At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least five Business Days before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ 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 any such condition precedent has not been satisfied, the Issuer shall provide notice to the Trustee and each Holder prior to the close of business two Business Days prior to the redemption date. Upon receipt of such notice, the notice of redemption shall be rescinded and the redemption of the Notes shall not occur. If requested by the Issuer, upon receipt of the rescission notice, the Trustee shall provide such notice to each Holder in the same manner in which the notice of redemption was given if such notice was delivered by the Trustee.
Appears in 2 contracts
Samples: Senior Notes Indenture (Neogen Corp), Senior Notes Indenture (Garden SpinCo Corp)
Notice of Redemption. At The Company shall deliver or cause to be delivered notices of redemption at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. 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 impair 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 date;
(b) the redemption price (if then determined and otherwise or the basis for its determinationmethod by which the redemption price is to be determined);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes (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 Company defaults in making such redemption payment, payment and interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and, as applicable;
(h) the CUSIP number printed on number, if any, and the Notes and statement that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ; and
(i) any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, provided that the Company shall have delivered to the Trustee, as provided in at least 10 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an 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.
Appears in 2 contracts
Notice of Redemption. At least 30 days but thirty (30) days, but, in any case, not more than 60 sixty (60) days before a redemption datedate fixed by the Issuer pursuant Section 3.3 or Section 3.4 (a “Redemption Date”), the Company shall mail or cause to be mailed, by first class mail, a Issuer will give written notice of redemption to the each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection (with a Legal Defeasance or a Covenant Defeasancecopy to the Trustee and any Paying Agent) in the manner provided for in Section 10.5. The notice All notices of redemption shall identify the Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) that on the Redemption Date the redemption price will become due and payable upon each such Note to be redeemed and from and after such date (unless the Issuer shall default in the 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 such Note 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 shall will be issued 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 Company defaults in making such redemption paymentand, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes if applicable, ISIN(s), and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN numbers, if any, listed in such notice or printed on the Notes. If any the Issuer elects to have the Trustee give notice of redemption, then the Notes Issuer shall deliver to the Trustee, at least forty-five (45) days before the Redemption Date (unless a shorter period shall be redeemed is in agreed to by the Trustee), a notice requesting that the Trustee give notice of redemption and providing the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, redemption required by this Section 3.6 and the Trustee shall give the notice of redemption in the Company’s name of the Issuer and at its the Issuer’s expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Camposol Holding PLC), Indenture (Camposol Holding PLC)
Notice of Redemption. At least 30 days but not more than 60 days before a Notice of redemption date, the Company shall mail or cause to be mailed, given by first first-class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresspostage prepaid, except that redemption notices may be mailed not less than 30 nor more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Redemption Date, to each Holder of Notes to be redeemed and redeemed, at its address appearing in the Note register. All notices of redemption shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)Redemption Price;
(c) if any less than all outstanding Notes are to be redeemed, the identification (and, in the case of a Note is being to be redeemed in part, the portion aggregate principal amount to be redeemed) of the principal amount of such Note particular Notes to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Issuers 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption dateRedemption Price;
(g) the paragraph of the Notes or Section of this Indenture pursuant CUSIP number, if any, relating to which the Notes called for redemption are being redeemedsuch Notes; and
(h) in the CUSIP number printed on case of a Note to be redeemed in part, the Notes aggregate principal amount of such Note to be redeemed and that no representation is made as after the Redemption Date upon surrender of such Note, new Note or Notes in the aggregate principal amount equal to the correctness or accuracy unredeemed portion thereof will be issued. Notice of the CUSIP number listed in such notice or printed on the Notes. If any redemption of the Notes to be redeemed is at the election of the Issuers shall be given by the Issuers or, at its request, by the Trustee in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to expense of the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphIssuers.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Triton Energy LTD), Supplemental Indenture (Triton Energy LTD)
Notice of Redemption. At Subject to the provisions of SECTION 3.9, at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior . Failure to a redemption date if receive such notice or any defect in the notice is issued in connection with a Legal Defeasance to any such Holder shall not affect the validity of the proceedings for the redemption of any other Notes or a Covenant Defeasanceportion thereof. The notice shall identify the Notes to be redeemed (including CUSIP number) and shall state:
(ai) the redemption date;
(bii) the redemption price (if then determined and otherwise the basis for its determination)price;
(ciii) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(gvii) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; providedPROVIDED, howeverHOWEVER, that the Company shall have delivered to the Trustee, as provided in Section 3.01at least 45 days (unless the Trustee and the Company agree to a shorter period) prior to the redemption date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Ram Energy Inc/Ok), Indenture (Ram Energy Inc/Ok)
Notice of Redemption. At Subject to Section 3.09, the Issuer shall deliver in accordance with the Applicable Procedures or mail or 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 a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered address, except that 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 Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11. The notice shall identify the Notes to be redeemed (including the CUSIP or ISIN number) and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph of the Notes or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) in the CUSIP 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 printed on of the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, as applicable, if any, listed in such notice or printed on the Notes. If ; and
(j) if such redemption is subject to any conditions, a description of each condition to such redemption 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 Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures redemption price and performance of the Depository applicable Issuer’s obligations with respect to redemptionsuch redemption may be performed by another Person. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Notice of Redemption. (a) At least 30 days but not more than 60 days before a redemption date, except that redemption notices may be mailed more than 60 days prior to a redemption date if the Company notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge, the Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address. In the case of redemption pursuant to Section 3.07(b), except that the redemption notices may notice may, at the Company’s discretion, be mailed subject to one or more than 60 days conditions precedent and be given prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasancecompletion of the related Equity Offering. The notice shall identify the Notes to be redeemed and shall state:
(ai) the redemption date;
(bii) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(ciii) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption shall cease to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes; and
(ix) any conditions precedent to the redemption. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with 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 any such redemption promptly after the calculation, and the Trustee shall not be responsible for such calculation.
(b) At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphSection 3.03(a).
Appears in 2 contracts
Samples: Supplemental Indenture (Genesis Energy Lp), Supplemental Indenture (Genesis Energy Lp)
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption dateRedemption Date, the Company shall Issuers will mail or cause to be mailed, by first class mail, mail (or sent electronically in the case of notices to DTC) a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed given more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article 8 or 11 hereof. 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 any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the Redemption Date, or by the Redemption Date so delayed, 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;
(2) the redemption dateprice, if then determinable and, if not, the manner of its determination;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g7) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(8) any condition precedent to the redemption; and
(h9) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company shall Issuers have delivered to the Trustee, as provided Trustee written notice in accordance with Section 3.01, an Officers’ 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.
Appears in 2 contracts
Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)
Notice of Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, 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 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge, 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 Covenant Defeasancenotice of redemption to each Holder whose Notes are to be redeemed 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 date;
(bii) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(ciii) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption shall cease to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. ; and
(ix) any conditions precedent to the redemption.
(c) If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures of the Depository 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 any such redemption promptly after the calculation, and the Trustee shall not be responsible for such calculation.
(e) At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphSection 3.03(b).
Appears in 2 contracts
Samples: Senior Notes Indenture (Genesis Energy Lp), Twenty First Supplemental Indenture (Genesis Energy Lp)
Notice of Redemption. At Subject to Section 3.09 hereof, notices of redemption shall be mailed by first-class mail, postage prepaid, at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise delivered in accordance with the procedures of DTC, except that notices of redemption notices may be mailed or delivered more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 12 hereof. Except as set forth in 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in 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 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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(i) if in connection with a redemption pursuant to Section 3.07(b) hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in 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 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC)
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuers shall mail or cause to be mailed by first-class mail or otherwise delivered notices of redemption at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article VIII or a Covenant DefeasanceArticle XI hereof. Any notice of redemption may, at the Issuers’ discretion, be subject to one or more conditions precedent. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and ISIN numbers, provided that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(i) if in connection with any of the Notes conditional redemption, any condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee Registrar shall give the notice of redemption in the Company’s Issuers’ name and at its their expense; provided, however, provided that the Company Issuers shall have delivered to the TrusteeRegistrar, as provided in at least 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 3.013.03 (unless a shorter notice shall be agreed to by the Registrar), an Officers’ 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.
Appears in 2 contracts
Samples: Indenture (PBF Holding Co LLC), Indenture (PBF Energy Inc.)
Notice of Redemption. (a) At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company Issuer shall mail send or cause to be mailedsent, by electronic delivery or by first class mailmail postage prepaid, a notice of redemption to each Holder (with a copy to the Trustee) whose Notes are to be redeemed at its registered addressthe address of such Holder appearing in the security register or otherwise in accordance with the procedures of DTC, except that redemption notices may be delivered electronically or mailed more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasance. satisfaction and discharge of this Indenture pursuant to Article VIII or 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;
(2) the redemption dateprice;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will be issued 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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g7) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and 8) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. ; and
(9) any conditions to redemption.
(c) If any of the Notes Note is to be redeemed is in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed, in which case a portion of the original Note will be issued in the form name of the Holder thereof upon cancellation of the original Note. In the case of a Global Note, then an appropriate notation will be made on such Note to decrease the Company shall modify such notice principal amount thereof to an amount equal to the extent necessary unredeemed portion thereof. Subject to accord with the procedures terms of the Depository applicable to redemption notice (including any conditions contained therein), Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Date, unless the Issuer defaults in the payment of the redemption price, interest ceases to accrue on Notes or portions of them called for redemption.
(d) At the CompanyIssuer’s request, the Trustee shall will give the notice of redemption in the CompanyIssuer’s name and at its their expense; provided, however, that the Company shall have Issuer’s has delivered to the Trustee, at least five (5) Business Days (or such shorter period as provided in may be agreed to by the Trustee) before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.015.3, an Officers’ Officer’s Certificate requesting that the Trustee give such notice, which shall include a form of the notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraphs of this Section 5.3.
Appears in 2 contracts
Samples: Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuers shall deliver notices of redemption electronically or by first-class mail, postage prepaid, at least 30 days 10 but not more than 60 days before a the purchase or redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are (with a copy to be redeemed the Trustee) at its such Holder’s registered addressaddress or otherwise in accordance with the 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 Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Notices of redemption may be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in 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 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes; and
(i) 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 Notes to be redeemed is in extent the form rules of a Global NoteTISE so require, then the Company shall modify Issuers will notify TISE of any such notice to the extent necessary to accord Holders and, in connection with any redemption, the procedures Issuers will notify TISE of any change in the Depository applicable to redemptionprincipal amount of Notes outstanding. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, provided that the Company Issuers shall have delivered written notice to the Trustee, as provided at least 5 Business Days prior to the date on which notice of redemption is to be sent (unless a shorter notice shall be agreed to by the Trustee) in Section 3.01, the form of an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Notice of Redemption. At (a) Subject to the provisions of Section 3.09 hereof, at least 30 ten (10) days but not more than 60 sixty (60) days before a redemption date, the Company shall mail or deliver or cause to be mailedmailed or delivered, by first class mailmail or electronically or otherwise in accordance with DTC 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 if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture. The notice shall identify the Notes (including CUSIP numbers) to be redeemed and shall state:
(ai) the redemption date;
(bii) the redemption price (if then determined and otherwise the basis for its determination)price;
(ciii) if any Note is being redeemed in part, the portion of the principal amount at maturity of such Note to be redeemed and that, after the 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 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(gvii) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ; and
(ix) any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. .
(b) At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in 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 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in Section 3.03(a). The notice, if mailed or sent in the preceding paragraphmanner provided herein shall be presumed to have been given, whether or not the Holder receives such notice.
Appears in 2 contracts
Samples: Indenture (Geo Group Inc), Indenture (Geo Group Inc)
Notice of Redemption. At least 30 Not less than 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, postage prepaid, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresstheir respective addresses as they appear on the registration books of the Registrar, with a 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 if the notice is issued in connection with a Legal Defeasance defeasance of the Notes pursuant to Article VIII or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article X. So long as any 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, the Company shall provide any notice of redemption to 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 record date for the redemption and the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note series of Notes is being redeemed in part, the portion of the principal amount of such Note thereof to be redeemed (including the beginning and ending pool factor for Notes represented by a Global Note) and that, after the redemption date upon surrender (if applicable) of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will be issued 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 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 cease ceases to accrue on and after the redemption date, unless the redemption price is not paid on the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number ISIN or Common Code number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s requestdirection, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have has delivered to the Trustee, as provided at least 5 Business Days prior to the date on which the Company is to give notice of redemption to the Holders (unless a shorter period shall be acceptable to the Trustee in Section 3.01its sole discretion), an Officers’ 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.
Appears in 2 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, 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 a Legal Defeasance, Covenant Defeasance or Discharge, the Issuers shall mail or cause to be mailed, by first class mail (or otherwise sent in accordance with the applicable procedures of the Depositary), a Covenant Defeasancenotice of redemption to each Holder whose Notes are to be redeemed 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 date;
(b) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, payment and interest on Notes called for redemption cease ceases to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes; and
(i) any conditions precedent to such redemption. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures of the Depository Depositary applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01at least 45 days (unless the Company and the Trustee agree to a shorter period) prior to the redemption date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Trico Marine Services Inc), Indenture (Saevik Shipping As)
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption dateRedemption Date, the Company shall Issuers will mail or cause to be mailed, by first class mail, mail (or sent electronically in the case of notices to DTC) a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed given more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article 8 or 11 hereof. 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 any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the Redemption Date, or by the Redemption Date so delayed, 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;
(2) the redemption dateprice, if then determinable and, if not, the manner of its determination;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g7) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(8) any condition precedent to the redemption; and
(h9) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company shall Issuers have delivered to the Trustee, as provided Trustee written notice in accordance with Section 3.01, an Officers’ 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.
Appears in 2 contracts
Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Partners LP)
Notice of Redemption. At Notices of purchase or redemption shall be delivered electronically or mailed by first-class mail, postage prepaid, at least 30 days but not more than 60 days before a the purchase or redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each applicable Holder whose Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance defeasance of any Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture. If any Note is to be purchased or redeemed in part only, any notice of purchase or redemption that relates to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. The notice shall identify the Notes (including the CUSIP number) to be redeemed and shall state:
(a1) the redemption date;
(b2) the redemption price (or manner of calculation if not then determined and otherwise the basis for its determinationknown);
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g7) the paragraph of the Notes or Section and/or section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and 8) that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company shall have Issuer has delivered to the Trustee, at least 30 days prior to the redemption date (or such shorter period as provided in Section 3.01the Trustee shall agree), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (CPG Newco LLC), Indenture (CPG Newco LLC)
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuer shall mail or cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before a the purchase or redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of 2017 B Notes are to be redeemed at its such Holder’s registered 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 the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 12 hereof. The notice shall identify the 2017 B Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) that if any 2017 B Note is being to be redeemed in partpart only, the portion of the principal amount of such that 2017 B Note that is to be redeemed and that, after the redemption date upon surrender of such 2017 B Note, a new 2017 B Note or 2017 B Notes in a 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 Company Issuer defaults in making such redemption payment, interest on 2017 B Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the 2017 B Notes or and/or Section of this Indenture pursuant to which the 2017 B Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the 2017 B Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least two Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (CC Media Holdings Inc)
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuer shall mail or cause to be mailed by first-class mail, postage prepaid, notices of redemption at least 30 days but not more than 60 days before a the purchase or redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of 2017 A Notes are to be redeemed at its such Holder’s registered 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 the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 12 hereof. The notice shall identify the 2017 A Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) that if any 2017 A Note is being to be redeemed in partpart only, the portion of the principal amount of such that 2017 A Note that is to be redeemed and that, after the redemption date upon surrender of such 2017 A Note, a new 2017 A Note or 2017 A Notes in a 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 Company Issuer defaults in making such redemption payment, interest on 2017 A Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the 2017 A Notes or and/or Section of this Indenture pursuant to which the 2017 A Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the 2017 A Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least two Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Communications Inc)
Notice of Redemption. At Subject to Section 3.09 hereof, notices of redemption shall be delivered electronically or mailed by first-class mail, postage prepaid, at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered address, except that notices of redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes; and
(i) any condition to such redemption. If any of Any redemption may, at the Notes Issuer’s discretion, be subject to be redeemed is in the form one or more conditions precedent, including, but not limited to, completion of a Global NoteChange of Control, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemptionan Equity Offering, or other offering, or other corporate transaction or event. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Aramark), Indenture (Aramark)
Notice of Redemption. At (a) Notices of redemption shall be mailed to Holders of the Notes to be redeemed by first-class mail at least 30 days but and not more than 60 days before a redemption date, prior to the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressRedemption Date, except that redemption notices may be mailed more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of Notes pursuant to Article Eight hereof or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article 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 under clause (c) of Section 3.01 hereof. Notices of redemption may not be conditional.
(b) The notice shall identify the Notes to be redeemed and shall state:
(ai) the redemption dateRedemption Date;
(bii) the redemption price (if then determined and otherwise the basis for its determination)Redemption 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 Note is being redeemed in part, the portion of the principal amount (equal to integral multiples of $1,000) of such Note to be redeemed and that, on and after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall thereof will be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemedreissued; and
(hvii) the that, if any Note contains a CUSIP or ISIN number printed on the Notes and that as provided in Section 2.13 hereof, no representation is being made as to the correctness or accuracy of the CUSIP or ISIN number listed either as printed on the Notes or as contained in such the notice or of redemption and that reliance may be placed only on the other identification numbers printed on the Notes. If .
(c) At the Issuer’s request (which request may be revoked by the Issuer at any of time prior to the Notes to be redeemed is in time at which the form of a Global Note, then the Company Trustee shall modify have given such notice to the extent necessary Holders), made in writing to accord with the procedures of Trustee at least 60 days (or such shorter period as shall be satisfactory to the Depository applicable to redemption. At the Company’s requestTrustee) before a Redemption Date, the Trustee shall give the notice of redemption in the Company’s name and at its expense; providedthe expense of the Issuer. If, however, that the Company shall have delivered Issuer gives such notice to the TrusteeHolders, as provided in Section 3.01, an Officers’ Certificate requesting that the Issuer shall concurrently deliver to the Trustee give an Officer’s Certificate stating that such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphhas been given.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Notice of Redemption. At least 30 days but not more than 60 days before a Notice of redemption date, the Company shall mail or cause to be mailed, given by first first-class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresspostage prepaid, except that redemption notices may be mailed not less than 30nor more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Redemption Date, to each Holder of Notes to be redeemed and redeemed, at its address appearing in the Note register. All notices of redemption shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)Redemption Price;
(c) if any less than all outstanding Notes are to be redeemed, the identification (and, in the case of a Note is being to be redeemed in part, the portion aggregate principal amount to be redeemed) of the principal amount of such Note particular Notes to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption dateRedemption Price;
(g) the paragraph of the Notes or Section of this Indenture pursuant CUSIP number, if any, relating to which the Notes called for redemption are being redeemedsuch Notes; and
(h) in the CUSIP number printed on case of a Note to be redeemed in part, the Notes aggregate principal amount of such Note to be redeemed and that no representation is made as after the Redemption Date upon surrender of such Note, new Note or Notes in the aggregate principal amount equal to the correctness or accuracy unredeemed portion thereof will be issued. Notice of the CUSIP number listed in such notice or printed on the Notes. If any redemption of the Notes to be redeemed is at the election of the Issuer shall be given by the Issuer or, at its request, by the Trustee in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to expense of the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphIssuer.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Triton Energy LTD), First Supplemental Indenture (Triton Energy LTD)
Notice of Redemption. At least 30 Subject to Section 3.03(b) below, not less than 10 days but not more than 60 days before a date for redemption dateof Notes (except in connection with legal defeasance, covenant defeasance or the 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 Company Issuer shall mail or cause transmit to be mailedeach Holder (with a copy to the Trustee, by first class mail, the Paying Agent and the Registrar) a notice of redemption to each Holder whose in accordance with Section 12.01; provided, however, that any notice of a redemption provided for by Section 6 of the Notes are to shall not be redeemed at its registered address, except that redemption notices may 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 a Legal Defeasance effect. For Global Notes, notices may be given by delivery of the relevant notices to DTC or a Covenant DefeasanceEuroclear 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 date and the record date;
(ii) the redemption price, and, if applicable, the appropriate calculation of such redemption price and the amount of accrued interest to the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company Issuer defaults in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes (or portion thereof) called for redemption cease ceases to accrue on and after the redemption date;
(gvii) the Common Codes, CUSIPs or ISINs, as applicable, if any, printed on the Notes being redeemed; and
(viii) the paragraph of the Notes or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(hix) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number Common Codes, CUSIPs or ISINs, as applicable, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. .
(b) At the CompanyIssuer’s request, the Trustee Registrar or the Paying Agent shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s expense; provided. In such event, howeverthe Issuer shall deliver to the Registrar and the Paying Agent, that the Company shall have delivered with a copy to the Trustee, as provided in Section 3.01at least five (5) Business Days prior to the date on which notice of redemption is to be delivered to the Holders (unless a shorter period is satisfactory to the Registrar or the Paying Agent), an Officers’ 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 paragraphtime periods specified by this Article III.
Appears in 2 contracts
Notice of Redemption. (a) At least 30 21 days but not more than 60 45 days before a redemption datethe Redemption Date, the Company shall mail or cause to be mailed, by first class mail, Issuer will provide a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasanceredeemed. 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 identify not be entitled to deliver a notice of redemption after an Automatic Conversion Notice has been published. If the Notes to be redeemed and shall state:
(a) are at such time listed on the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any Note is being redeemed in partTASE-UP, the portion 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 Note notice shall be deemed as a notice to the Holders in accordance with this Section 3.4 and no other notice shall be required to be redeemed and that, after made by the Issuer in connection with such redemption.
(b) If the Issuer has elected to redeem the Notes but prior to the payment of the redemption date upon surrender of amount with respect to such Noteredemption a Capital Adequacy Trigger Event occurs, a new Note or Notes in a principal amount equal to the unredeemed portion relevant redemption notice shall be issued upon cancellation automatically rescinded and shall be of no force and effect, no payment of the original Noteredemption amount will be due and payable and an Automatic Conversion shall occur as described under Section 4.1 (Automatic Conversion Upon Capital Adequacy Trigger Event).
(c) Any notice of redemption shall fully identify the Notes (including the CUSIP, ISIN (or TASE equivalent thereof)) to which it applies and shall state the following:
(i) the Redemption Date;
(dii) the name Redemption Price, the amount of accrued interest, if any, and address of Additional Amounts, if any, to be paid, as well as other information required to be provided under the Paying AgentApplicable Procedures;
(eiii) the address to which the Notes are to be surrendered for redemption;
(iv) 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 Company Issuer defaults in making such redemption payment, interest interest, and Additional Amounts, if any, on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gvi) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(hvii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number CUSIP, ISIN (or TASE equivalent thereof) or other identifying code listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Notice of Redemption. At (a) Notice of redemption shall be delivered electronically or mailed by first-class mail at least 30 days but not more than 60 days before a redemption date, prior to the Company shall mail or cause to be mailed, by first class mail, a notice of redemption applicable Redemption Date to each Holder of Notes whose Notes are to be redeemed in whole or in part at its such Holder’s registered addressaddress or otherwise in accordance with the 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 Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharged of this Indenture pursuant to Article XII. The Company shall deliver electronically or mail by first-class mail copies of notices of purchase or redemption to the Trustee. The notice shall identify the Notes (including the CUSIP and ISIN number) to be redeemed and shall will state:
(ai) the redemption dateRedemption Date;
(bii) the redemption price (if then determined and otherwise the basis for its determination)Redemption Price;
(ciii) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will be issued 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 Company defaults in making such redemption payment, interest interest, if any, on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gvii) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. ; and
(ix) any conditions to redemption.
(b) If any of the Notes Note is to be redeemed is in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount thereof to be redeemed, in which case a portion of the original Note will be issued in the form name of the Holder thereof upon cancellation of the original Note. In the case of a Global Note, then 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 called for redemption become due on the date fixed for redemption. On and after the Redemption Date, unless the Company shall modify such notice to defaults in the extent necessary to accord with the procedures payment of the Depository applicable Redemption Price, interest ceases to accrue on Notes or portions of them called for redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp)
Notice of Redemption. At least 30 days but not more than 60 days before a an optional redemption date, the Company Issuers shall mail send, or cause to be mailedsent, by first class mailin the manner provided in Section 11.02, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressredeemed, 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 a Legal Defeasance, Covenant Defeasance or a Covenant DefeasanceDischarge. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest and Additional Interest, if any, on Notes called for redemption cease to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Legacy Reserves Inc.), Indenture (Legacy Reserves Lp)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail or cause to be mailed, by first first-class mail, mail a notice of redemption to each Holder holder whose Notes are to be redeemed redeemed, at its such holder's registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a1) the redemption dateRedemption Date;
(b2) the redemption price (if then determined and otherwise the basis for its determination)Redemption Price;
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date, upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will be issued upon cancellation in the name 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 Company defaults in making such redemption payment, that interest on Notes called for redemption cease and for which funds have been set apart for payment, ceases to accrue on and after the redemption dateRedemption Date (unless the Company defaults in the payment of the Redemption Price or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture);
(g6) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(7) 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 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 last Trading Day immediately preceding the Redemption Date and if not converted prior to the close of business on such date, the right of conversion will be lost; and
(h11) that in the CUSIP number printed 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 Notes and that no representation is made as relevant Regular Record Date. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the correctness or accuracy of the CUSIP number listed in holder receives such notice. In any case, failure to give such notice by mail or printed on the Notes. If any of the Notes to be redeemed is defect in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with holder of any Note designated for redemption as a whole or in part shall not affect the procedures validity of the Depository applicable to redemptionproceedings for the redemption of any Note. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a Notice of redemption date, the Company shall mail or cause to be mailed, given by first first-class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresspostage prepaid, except that redemption notices may be mailed not less than 30 nor more than 60 days prior to a the Redemption Date, to each Holder of Subordinated Notes to be redeemed, at the address of such Holder appearing in the Subordinated Note register maintained by the Registrar. All notices of redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Subordinated Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (Redemption Price and the amount of accrued interest, if then determined and otherwise the basis for its determination)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 Subordinated Note is being to be redeemed in part, the portion of the principal amount (equal to $100 or any integral multiple thereof) of such Subordinated Note to be redeemed and that, that on and after the redemption date Redemption Date, upon surrender for cancellation of such Noteoriginal Subordinated Note to the Paying Agent, a new Subordinated Note or Subordinated Notes in a the aggregate principal amount equal to the unredeemed portion shall thereof will be issued upon cancellation of without charge to 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that number, if any, relating to such Subordinated Notes, but no representation is made as to the correctness or accuracy of any such CUSIP numbers;
(g) the CUSIP number listed in such notice or printed on the Notes. If any 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 the last available date for conversion prior to the Redemption Date;
(i) the current Conversion Price; and
(j) the name and address of the Conversion Agent. Notice of redemption of Subordinated Notes to be redeemed is at the election of Alderwoods shall be given by Alderwoods or by the Trustee in the form name of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphAlderwoods.
Appears in 2 contracts
Samples: Indenture (Loewen Group International Inc), Indenture (Alderwoods Group Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption dateRedemption Date (other than in connection with a Required Regulatory Redemption), the Company shall mail or cause to be mailed, by first class mail, a 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 its registered address. In the event of a Required Regulatory Redemption, except that notice of redemption notices may shall be mailed more than 60 days prior to a redemption date if the notice is issued given in connection accordance with a Legal Defeasance or a Covenant DefeasanceSection 3.09. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price and the amount of interest (including Additional Interest), if then determined and otherwise the basis for its determination)any;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided at least 45 days prior to the Redemption Date (or 5 days prior to the date of any Required Regulatory Redemption, in Section 3.01the case of a Required Regulatory Redemption), an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company Owner Lessor shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder Noteholder whose Lessor Notes are to be redeemed at its registered addressaddress and, 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 a Legal Defeasance or a Covenant Defeasancetenor and the principal amount of the Lessor Notes being redeemed. The notice shall identify the Lessor Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Lessor Note is being redeemed in part, the portion of the principal amount of such Lessor Note to be redeemed and that, after the redemption date upon surrender of such Lessor Note, a new Lessor Note or Lessor Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company Owner Lessor defaults in making such redemption payment, interest on Lessor Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Lessor Notes or and/or Section of this Lease Indenture pursuant to which the Lessor Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Lessor Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Owner Lessor's request, the Lease Indenture Trustee shall give the notice of redemption in the Company’s Owner Lessor's name and at its expense; providedPROVIDED, howeverHOWEVER, that the Company Owner Lessor shall have delivered to the Lease Indenture Trustee, as provided in Section 3.01at least 45 days prior to the redemption date (or such shorter time period acceptable to the Lease Indenture Trustee), an Officers’ Officer'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.
Appears in 2 contracts
Samples: Indenture of Trust and Security Agreement (Eme Homer City Generation Lp), Indenture of Trust, Open End Mortgage and Leasehold Mortgage and Security Agreement (Eme Homer City Generation Lp)
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption dateRedemption Date, the Company shall Issuers will mail or cause to be mailed, by first class mail, (or sent electronically in the case of notices to DTC) a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed given more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article 8 or 11 hereof. 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 any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the Redemption Date, or by the Redemption Date so delayed, 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;
(2) the redemption dateprice, if then determinable and, if not, the manner of its determination;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g7) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(8) any condition precedent to the redemption; and
(h9) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall will give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company shall Issuers have delivered to the Trustee, as provided in Section 3.01, Trustee an Officers’ Certificate in accordance with Section 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.
Appears in 2 contracts
Samples: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company Anvil shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Senior Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Senior Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Senior Note is being redeemed in part, the portion of the principal amount of such Senior Note to be redeemed and that, 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 portion shall be issued 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 Company Anvil defaults in making such redemption payment, interest on Senior Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Senior Notes or and/or Section of this Indenture pursuant to which the Senior Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Senior Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Anvil's request, the Trustee shall give the notice of redemption in the Company’s Anvil's name and at its expense; provided, however, that the Company Anvil shall have delivered to the Trustee, as provided in Section 3.01at least 45 days prior to the redemption date (unless a shorter time is acceptable to the Trustee), an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption date, the Company Issuers shall mail give or cause to be mailedgiven, by first class mailmail (or electronically in the case of Global Notes), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed given more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or a Covenant DefeasanceDischarge. The notice shall identify the Notes to be redeemed (including CUSIP numbers) and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) any conditions to redemption; and
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the applicable procedures of the Depository Depositary applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Cloud Peak Energy Inc.), Indenture (Sequatchie Valley Coal Corp)
Notice of Redemption. At Subject to Sections 3.07(e) and 3.09 hereof, the Issuer shall send electronically, mail or 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 a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress 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 Redemption Date if the notice is issued in connection with a Legal Defeasance conditional redemption or a Covenant DefeasanceArticle VIII or Article XI hereof. For Notes held on behalf of DTC, notices may be given by delivery of the 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number and ISIN, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of the any such CUSIP number and ISIN that is listed in such notice or printed on the Notes. If ; and
(i) any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in 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 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphparagraph and setting forth the form of such notice.
Appears in 2 contracts
Samples: Indenture (Dycom Industries Inc), Indenture (Harsco Corp)
Notice of Redemption. At 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; provided, that failure to give such notice in the manner herein provided to the Holder of any Note designated for redemption as a whole or in part, or any defect in the notice to any such Holder, shall not affect the validity of the proceedings for the redemption date, the Company shall mail of any other such Note or cause to be mailed, by first class mail, a notice portion thereof. All notices of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)Redemption 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 Note is being to be redeemed in partpart only, the portion of the principal amount of such Note to be redeemed redeemed, and that, the notice that relates to such Note shall state that on and after the redemption date Redemption Date, upon surrender of such Note, the Holder shall receive, without a charge, a new Note or Notes in a of authorized denominations for the principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption datethen current Conversion Consideration;
(gj) the paragraph of the Notes or Section of this Indenture pursuant to which that the Notes called for redemption are being redeemedmay be converted for the Conversion Consideration at any time before the close of business on the last Business Day prior to the Redemption Date;
(k) the CUSIP number of such Note, if any; and
(hl) that a Holder of Notes who desires to voluntarily convert Notes must satisfy the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number listed requirements for voluntary conversion contained in such notice or printed on the Notes. If any Notice of the redemption of Notes to be redeemed is shall be given by the Company or, at the Company's request, by the Trustee in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to expense of the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphCompany.
Appears in 2 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Notice of Redemption. (a) At least 30 days but not more than 60 days before a redemption date, the Company Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture. The notice shall identify the Notes to be redeemed and shall state:
(ai) the redemption date;
(bii) the redemption price (if then determined and otherwise the basis for its determination)price;
(ciii) if any Note is being redeemed in part, the portion of the principal amount at maturity of such Note to be redeemed and that, after the 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 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 Company defaults Issuers default in making such redemption payment, interest interest, if any, on Notes called for redemption cease ceases to accrue on and after the redemption date;
(gvii) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(viii) the CUSIP number, or any similar number, if any, printed on the Notes being redeemed; and
(hix) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. .
(b) At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, at least 45 days (or such shorter time as provided in Section 3.01the Trustee may agree) prior to the redemption date, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice, if mailed in the manner provided herein shall be presumed to have been given, whether or not the Holder receives such notice.
Appears in 2 contracts
Samples: Indenture (Windstream Services, LLC), Indenture (Windstream Services, LLC)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption datethe Redemption Date, the Company Trustee, in the Company's name and at the Company's expense, shall mail or cause to be mailed, by first class mail, mailed a notice of redemption by first-class mail, postage prepaid, to each Holder whose Notes are of Debentures to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if such Holder's last address as it appears in the notice is issued in connection with a Legal Defeasance or a Covenant DefeasanceRegister. 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)Redemption Price;
(c) the name and address of the Paying Agent;
(d) that payment of the Redemption Price of Debentures called for redemption will be made only upon surrender of such Debentures to the Paying Agent;
(e) if any Note Debenture is being redeemed in part, the portion of the principal amount of such Note Debenture to be redeemed and that, after the redemption date Redemption Date, upon surrender of such NoteDebenture, a new Note Debenture or Notes Debentures in a principal amount equal to the unredeemed portion shall be issued 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 priceDebenture;
(f) that, unless the 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 will cease to accrue on such Debentures on and after the redemption dateRedemption Date;
(g) that the paragraph redemption is for a sinking fund, if such is the case;
(h) in the 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 Notes Debentures of such series to be redeemed will commence or Section of this Indenture pursuant to which terminate and the Notes called place or places where such Debentures may be surrendered for redemption are being redeemedconversion or exchange; and
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number listed in such notice or printed on the Notesnumbers, if any. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the Any notice of redemption given in the Company’s name and at its expense; providedmanner provided herein shall be conclusively presumed to have been given, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ 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 paragraphmailed notice or the mailing thereof in respect of any Debenture shall not affect the validity of the redemption of any other Debenture.
Appears in 2 contracts
Samples: Indenture (Anthem Inc), Indenture (Anthem Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Articles VIII or XII hereof. The notice shall will identify the Notes (including the CUSIP number) to be redeemed and shall will state:
(a1) the redemption date;
(b2) the redemption price (if then determined and otherwise the basis for its determination)price;
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g7) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and 8) that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have has delivered to the Trustee, at least 35 days prior to the redemption date (or such shorter period as provided in Section 3.01the Trustee shall agree), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)
Notice of Redemption. At least 30 (a) Other than as provided in Section 3.03(b), not less than 10 days but not more than 60 days before a date for redemption dateof Notes, the Company Issuer shall mail or cause to be mailed, by first class mail, transmit a notice of redemption to each Holder whose in accordance with Section 12.01. If such Notes are in global form, notice of redemption will be delivered to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior DTC for communication to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasanceentitled account holders. The notice shall identify the Notes to be redeemed and shall state:
(a1) the redemption date and the record date;
(2) the redemption price, and, if applicable, the appropriate calculation of such redemption price and the amount of accrued interest to the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company Issuer defaults in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on Notes (or portion thereof) called for redemption cease ceases to accrue on and after the redemption date;
(g7) the Common Codes, ISIN or CUSIP number, as applicable, if any, printed on the Notes being redeemed;
(8) the paragraph of the Notes or Section section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h9) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the Common Codes, ISIN or CUSIP number number, as applicable, if any, listed in such notice or printed on the Notes. If ; and
(10) if any of the Notes are to be redeemed is in part only, the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures portion of the Depository applicable principal amount thereof to redemption. be redeemed.
(b) At the CompanyIssuer’s requestrequest and expense, the Trustee or the Paying Agent shall give the notice of redemption in the CompanyIssuer’s name name. In such event, the Issuer shall provide the Trustee and the Paying Agent at its expense; provided, however, that least two Business Days prior to the Company shall have date on which notice of redemption is to be delivered to Holders (unless a shorter period of time is acceptable to the Trustee, as provided in Section 3.01Trustee and the Paying Agent), an Officers’ 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 paragraphpursuant to this Section 3.03.
Appears in 2 contracts
Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)
Notice of Redemption. At The Issuer shall mail or cause to be mailed by first-class mail notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determinationor method of calculating it);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this First Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(j) if in connection with a redemption pursuant to Section 3.07 hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Supplemental Indenture (HCA Holdings, Inc.), Supplemental Indenture (HCA Holdings, Inc.)
Notice of Redemption. At Subject to Section 3.09, the Company shall deliver electronically or mail or 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 a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the procedures of the Depositary, except that redemption notices may be mailed or delivered electronically more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes; and
(j) any condition to such redemption. If any of Notes called for redemption become due on the Notes to be redeemed date fixed for redemption unless such redemption is in conditioned on the form happening of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemptionfuture event. At the Company’s written request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, provided that the Company shall have delivered to the Trustee, at least 5 Business Days (or such shorter period as provided in the Trustee may agree) before notice of redemption is required to be mailed, caused to be mailed or delivered electronically to Holders pursuant to this Section 3.013.03, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)
Notice of Redemption. At Except as otherwise provided in Section 3.08 hereof in relation to a mandatory redemption, at least 30 days but not more than 60 days before a redemption date, except that redemption notices may be mailed more than 60 days prior to a redemption date if the Company notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge, the Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest and Additional Interest, if any, on Notes called for redemption cease to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures Applicable Procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in at least ten days before notice of redemption is required to be mailed or caused to be mailed pursuant to this Section 3.013.03, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)
Notice of Redemption. At The Company shall mail or cause to be mailed by first-class mail (or sent electronically) notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the procedures of the Depository, 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 Legal Defeasance Article 8 or a Covenant DefeasanceArticle 14. 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 any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, or by the redemption date so delayed. The notice shall identify the Notes to be redeemed (including CUSIP and/or ISIN numbers) and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such NoteNote (other than Global Notes), a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the name of the Company and at the Company’s name and at its expense; provided, however, provided that the Company shall have delivered to the Trustee, as provided in at least 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ 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. The Company shall deliver written notice to the Trustee setting forth the calculation of the Make-Whole Amount, if any, on or prior to the date a notice of redemption is given and the Trustee may conclusively rely on such calculation without further investigation.
Appears in 2 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuer shall send or cause to be sent by electronic delivery or first-class mail notices of redemption at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered address, with a copy to the Trustee, 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Except as provided for in Section 3.07(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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 15 days before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: Indenture (INC Research Holdings, Inc.), Indenture (INC Research Holdings, Inc.)
Notice of Redemption. At Notices of optional redemption will be given by first class mail (or electronically in the case of Global Notes) at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its registered address, except that optional redemption notices may be mailed given more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Articles 8 or 11 hereof. The notice shall identify the Notes to be redeemed (including CUSIP numbers) and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) any conditions to redemption; and
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository Applicable Procedures applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, five Business Days (or three Business Days in the case of Global Notes) prior to the date notice of such redemption is to be given to Holders (unless a shorter notice period shall be agreed to by the Trustee) and, as provided in Section 3.01, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 2 contracts
Samples: First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Notice of Redemption. (a) At least 30 days but not more than 60 days before a redemption date, the 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, mailed by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be sent or mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture. The notice shall identify the Notes to be redeemed and shall state:
(ai) the redemption date;
(bii) the redemption price (or manner of calculation if not then determined and otherwise the basis for its determinationknown);
(ciii) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a 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 (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 Company defaults in making such redemption payment, interest interest, if any, on Notes called for redemption cease ceases to accrue on and after the redemption date;
(gvii) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. .
(b) At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01at least 45 days prior to the redemption date (unless a shorter period shall be satisfactory to the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. The notice, if mailed 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 related Qualified Equity Offering, securities offering, financing or Change of Control.
Appears in 2 contracts
Samples: Indenture (Orbital Atk, Inc.), Indenture (Alliant Techsystems Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, 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 if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge, the Issuers shall mail or deliver or cause to be mailed, by first class mail, or delivered, a Covenant Defeasancenotice of redemption to each Holder whose Notes are to be redeemed at its registered address. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures of the Depository Depositary applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.014.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Summit Midstream Partners, LP), First Supplemental Indenture (Summit Midstream Partners, LP)
Notice of Redemption. At least 30 Not less than 10 days but not more than 60 days before a redemption date, the Company Issuer shall mail or cause to be mailed, by first class mail, postage pre paid, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresstheir 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 if the notice is issued in connection with a Legal Defeasance defeasance of the Notes pursuant to Article VIII hereof or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article X hereof. So long as 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 Luxembourg in a daily leading newspaper with general circulation in Luxembourg (which is expected to be the Luxemburger Wort) or on the website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx). The notice shall identify the Notes to be redeemed and shall state:
(a) the record date for the redemption and the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will be issued 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 Company 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 cease ceases to accrue on and after the redemption date, unless the redemption price is not paid on the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number ISIN or Common Code number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s requestdirection, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company shall have Issuer has delivered to the Trustee, as provided at least 45 days prior to the redemption date (unless a shorter period shall be acceptable to the Trustee in Section 3.01its sole discretion), an Officers’ 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.
Appears in 2 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Notice of Redemption. (a) At least 30 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressaddress (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) 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 in connection with a Legal Defeasance or Covenant Defeasance of the Notes or a Covenant DefeasanceSatisfaction and Discharge and (ii) the redemption date may be delayed until any conditions precedent thereto are satisfied or waived as specified in Section 3.03(c) below. The notice shall identify the Notes (including CUSIP and/or ISIN number(s)) to be redeemed and shall state:
(ai) the redemption date;
(bii) the redemption price (if then determined and otherwise price; provided that, for a redemption being effected pursuant to Section 3.07(c), the basis for its determination)notice need not set forth the Applicable Premium but only the manner of calculation thereof;
(ciii) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a 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;
(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 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 cease ceases to accrue on and after the redemption datedate and the only remaining right of Holders of such Notes is to receive payment of the redemption price upon surrender to the Paying Agent of the Notes redeemed;
(gvii) the paragraph of the Notes or Section and/or section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ; and
(ix) any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice conditions precedent to the extent necessary to accord with the procedures of the Depository applicable to redemption. .
(b) At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an 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 rescinded 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 redemption of the Notes shall be automatically delayed or rescinded and cancelled, as applicable, as provided in such notice. Upon receipt of such notice, the Trustee will promptly mail or send a copy of any such notice to the Holders of the Notes that were to have been redeemed in the same manner in which the notice of redemption was initially given.
Appears in 2 contracts
Samples: Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.)
Notice of Redemption. (a) At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, date (except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge), the Company shall mail or cause to be mailed, by first class mail, or otherwise given in accordance with the procedures of the Depositary, a Covenant Defeasancenotice of redemption to each Holder whose Notes are to be redeemed at its registered address (with a copy to the Trustee). Notices of redemption may not be conditional.
(b) The notice shall identify the Notes to be redeemed and shall state:
(a1) the redemption date;
(b2) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c3) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note 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 Company defaults in making such redemption payment, interest on Notes called for redemption shall cease to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) 8) the CUSIP number printed on the Notes (or ISIN) number, if any, and that no representation is made as to the correctness or accuracy of the CUSIP number (or ISIN) number, if any, listed in such notice or printed on the Notes. ; and
(9) 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 the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository Depositary applicable to redemption. .
(d) At the Company’s request, the Trustee shall give the notice of optional redemption in the Company’s name and at its expense; provided, however, provided that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 2 contracts
Samples: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Subordinated Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Subordinated Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Subordinated Note is being redeemed in part, the portion of the principal amount of such Subordinated Note to be redeemed and that, after the redemption date upon surrender of such Subordinated Note, a new Subordinated Note or Subordinated Notes in a aggregate principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Subordinated Notes or portions thereof called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Subordinated Notes or and/or Section of this Indenture pursuant to which the Subordinated Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Subordinated Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01at least 10 days prior to the redemption date, an 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 paragraphCompany.
Appears in 2 contracts
Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)
Notice of Redemption. At Subject to Section 3.09 hereof, the Company shall deliver electronically or mail or cause 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, prior to the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose Notes are to be redeemed or purchased at its such Holder’s registered addressaddress (or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 12 hereof. Except as set forth in Section 3.04 hereof, notices of redemption may not be conditional. The notice shall identify the Notes to be redeemed or purchased and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ; and
(i) if in connection with a redemption pursuant to Section 3.07(d) hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name of the Company and at its expense; provided, however, provided that the Company shall have delivered to the Trustee, as provided in at least 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 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At The Issuer shall deliver electronically or mail or 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 a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the procedures of the Depositary, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance Article IX or a Covenant DefeasanceArticle XI. The notice shall identify the Notes (including CUSIP numbers) to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined ascertainable (which in the case of a redemption pursuant to Section 3.07(a) shall be the Settlement Rate and/or, to the extent applicable, the cash, stock securities or other property or assets payable in respect of Class A Common Units in the relevant Change of Control Transaction), and otherwise the basis appropriate method for its determination)calculation of the redemption price, in which case 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) to the extent permitted under this Indenture, if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(d) the name and address of the Paying Agent, if other than the Trustee;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of ; Notes called for redemption become due on the Notes to be redeemed date fixed for redemption unless such redemption is in conditioned on the form happening of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemptionfuture event. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its the Issuer’s expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, at least five Business Days (or such shorter period as provided in the Trustee may agree) before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At least 30 days but not more than 60 days before a Notice of redemption date, the Company shall mail or cause to be mailed, given by first first-class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addresspostage prepaid, except that redemption notices may be mailed not less than 30 nor more than 60 days prior to a the Redemption Date, to each Holder of Subordinated Notes to be redeemed, at the address of such Holder appearing in the Subordinated Note register maintained by the Registrar. All notices of redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Subordinated Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (Redemption Price and the amount of accrued interest, if then determined and otherwise the basis for its determination)any, to be paid;
(c) that, unless LGII 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 Subordinated Note is being to be redeemed in part, the portion of the principal amount (equal to $1,000 or any integral multiple thereof) of such Subordinated Note to be redeemed and that, that on and after the redemption date Redemption Date, upon surrender for cancellation of such Noteoriginal Subordinated Note to the Paying Agent, a new Subordinated Note or Subordinated Notes in a the aggregate principal amount equal to the unredeemed portion shall thereof will be issued upon cancellation of without charge to 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that number, if any, relating to such Subordinated Notes, but no representation is made as to the correctness or accuracy of any such CUSIP numbers;
(g) the CUSIP number listed in such notice or printed on the Notes. If any 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 the last available date for conversion prior to the Redemption Date;
(i) the current Conversion Price; and
(j) the name and address of the Conversion Agent. Notice of redemption of Subordinated Notes to be redeemed is at the election of LGII shall be given by LGII or by the Trustee in the form name of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphLGII.
Appears in 1 contract
Notice of Redemption. At Notice of redemption shall be mailed by first-class mail, postage prepaid, mailed at least 30 days but not more than 60 days before a redemption datethe Redemption Date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose of Notes are to be redeemed at its registered address, except that . All notices of redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)Redemption Price;
(c) if any less than all outstanding Notes are to be redeemed, the identification of the particular Notes to be redeemed;
(d) in the case of a Note is being to be redeemed in part, the portion of the principal amount of such Note to be redeemed and that, that after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a the aggregate principal amount equal to the unredeemed portion shall thereof will be issued upon cancellation of the original Note;
(d) the name and address of the Paying Agent;issued:
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption priceRedemption Price;
(f) thatthat on the Redemption Date the Redemption Price will become due and payable upon each such Note or portion thereof, and that (unless the Company defaults shall default in making such redemption payment, payment of the Redemption Price) interest on Notes called for redemption thereon shall cease to accrue on and after the redemption said date;
(g) the paragraph place or places where such Notes are to be surrendered for payment of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; andRedemption Price;
(h) the CUSIP number printed on number, if any, relating to such Notes; and
(i) the paragraph of the Notes and that no representation is made as pursuant to which the correctness or accuracy Notes are being redeemed. Notice of the CUSIP number listed in such notice or printed on the Notes. If any redemption of the Notes to be redeemed is shall be given by the Company or, at the Company's written request, by the Trustee in the form name and at the expense of a Global Notethe Company. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, then whether or not the Company shall modify Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the extent necessary to accord with Holder of any Note designated for redemption as a whole or in part shall not affect the procedures validity of the Depository applicable to redemption. At proceedings for the Company’s request, the Trustee shall give the notice redemption of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphany other Note.
Appears in 1 contract
Samples: Indenture (Galaxy Cable Inc)
Notice of Redemption. At least 30 10 days but not more than 60 days before a redemption dateRedemption Date, the Company Issuer shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, address or otherwise in accordance with the procedures of the Depositary except that (i) a notice of redemption notices may be mailed or sent more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture and (ii) notice of Special Mandatory Redemption shall be mailed or sent as set forth in Section 3.09. The notice shall identify the Notes to be redeemed (including the CUSIP or ISIN number) and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) any condition to such redemption;
(d) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued upon cancellation of the original Note;
(de) 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 Company Issuer defaults in making such redemption paymentpayment and subject to satisfaction of any conditions specified therein, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gh) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee Registrar shall give the notice of redemption in the CompanyIssuer’s name and at its expense; , provided, however, that the Company Issuer gives the Registrar at least five Business Days (or such shorter period reasonably agreed to by the Registrar) prior notice of such request and provision of the notice information. Any redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, which shall be set forth in the related notice of redemption, including, but not limited to, completion of an Equity Offering, other offering or financing or other transaction or event. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuer’s discretion, the Redemption Date may be delayed until such time (provided, however, that any redemption date shall not be more than 60 days after the date of the notice of redemption) 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 delivered been satisfied by the Redemption Date, or by the Redemption Date as so delayed. If any such condition precedent has not been satisfied, the Issuer shall provide written notice to the TrusteeTrustee prior to the close of business one Business Day prior to the Redemption Date. Upon receipt of such notice, the notice of redemption shall be rescinded or delayed, and the redemption of the Notes shall be rescinded or delayed as provided in Section 3.01such notice. Upon receipt, an Officers’ Certificate requesting that the Trustee give shall provide such notice and setting forth to each Holder of the information to be stated in such notice as provided Notes in the preceding paragraphsame manner in which the notice of redemption was given. The Issuer and its Affiliates may acquire the Notes by means other than a redemption pursuant to this Article 3, whether by tender offer, open market purchases, negotiated transactions or otherwise.
Appears in 1 contract
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, mail a notice of redemption to each Holder holder whose Convertible Subordinated Notes are to be redeemed redeemed, at its such holder's registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Convertible Subordinated Notes to be redeemed and shall state:
(a1) the redemption date;
(b2) the redemption price (if then determined and otherwise the basis for its determination)price;
(c3) if any Convertible Subordinated Note is being redeemed in part, the portion of the principal amount of such Convertible Subordinated Note to be redeemed and that, after the redemption date date, upon surrender of such Convertible Subordinated Note, a new Convertible Subordinated Note or Convertible Subordinated Notes in a principal amount equal to the unredeemed portion shall will be issued upon cancellation in the name of the original Noteholder thereof;
(d) the name and address of the Paying Agent;
(e4) that Convertible Subordinated Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f5) thatthat interest and Liquidated Damages, unless the Company defaults in making such redemption paymentif applicable, interest on Convertible Subordinated Notes called for redemption cease 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 of the Convertible Subordinated Notes or Section of this Indenture pursuant to which the Convertible Subordinated Notes called for redemption are being redeemed;
(7) the aggregate principal amount of Convertible Subordinated Notes (if less than all) that are being redeemed;
(8) the CUSIP number of the Convertible Subordinated Notes (provided that the disclaimer permitted by Section 2.13 may be made);
(9) the name and address of the Paying Agent;
(10) that Convertible Subordinated Notes called for redemption may be converted at any time prior to the close of business on the last trading day immediately preceding the redemption date and if not converted prior to the close of business on such date, the right of conversion will be lost; and
(h11) that in the CUSIP number printed case of Convertible Subordinated Notes or portions thereof called for redemption on a date that is also an Interest Payment Date, the interest payment and Liquidated Damages, if any, due on such date shall be paid to the person in whose name the Convertible Subordinated Note is registered at the close of business on the Notes and that no representation is made as relevant Regular Record Date. The notice if mailed in the manner herein provided shall be conclusively presumed to have been given, whether or not the correctness or accuracy of the CUSIP number listed in holder receives such notice. In any case, failure to give such notice by mail or printed on the Notes. If any of the Notes to be redeemed is defect in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with holder of any Convertible Subordinated Note designated for redemption as a whole or in part shall not affect the procedures validity of the Depository applicable to redemptionproceedings for the redemption of any Convertible Subordinated Note. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its the Company's expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Samples: Indenture (School Specialty Inc)
Notice of Redemption. At (a) Notice of redemption will be mailed by first class mail (or by electronic means in accordance with DTC’s standard procedures), as provided in Section 2.06, at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date Redemption Date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Supplemental Indenture in accordance with Articles IV or XIII of this Supplemental Indenture. The notice shall identify the Notes Notices of redemption may not be conditional. If any Note is to be redeemed and shall state:
(a) in part only, the notice of redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any that relates to that Note is being redeemed in part, will state the portion of the principal amount of that Note that is to be redeemed. A new Note in principal amount equal to the unredeemed portion of the original Note will be issued in the name of the Holders of such Notes upon cancellation of the original Notes. 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 portions of them called for redemption.
(b) Each such notice of redemption shall specify the Redemption Date, the Redemption Price, the Place or Places of Payment, that the Notes are being redeemed at the option of the Issuers pursuant to provisions contained in the terms of the Notes or in this Supplemental Indenture, together with a brief statement of the facts permitting such redemption, that on the Redemption Date the Redemption Price will become due and payable upon each Note redeemed, that payment will be made upon presentation and surrender of the applicable Notes, that any interest accrued to the Redemption Date will be paid as specified in said notice, and that on and after said Redemption Date any interest thereon or on the portions thereof to be redeemed will cease to accrue. If less than all the Notes are to be redeemed, the notice of redemption shall specify the registration and, if any, CUSIP numbers of the Notes to be redeemed. In case any Note is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and that, shall state that on and 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 shall thereof will be issued upon cancellation issued, or, in the case of Notes providing appropriate space for such notation, at the option of the original Note;Holders, the Trustee, in lieu of delivering a new Note or Notes as aforesaid, may make a notation on such Note of the payment of the redeemed portion thereof.
(dc) the name and address Notice 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number listed in such notice or printed on the Notes. If any of the Notes to be redeemed at the election of the Issuers shall be given by the Issuers or, at the Issuers’ request delivered at least 5 Business Days before the date such notice is to be given (unless a shorter period shall be acceptable to the Trustee), by the Trustee in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to expense of the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphIssuers.
Appears in 1 contract
Samples: First Supplemental Indenture (Suburban Propane Partners Lp)
Notice of Redemption. At least 30 10 days but not more than 60 days before a redemption date, the Company shall will mail or cause to be mailed, mailed by first class mail, mail (or sent electronically if DTC is the recipient) a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, with a copy to the Trustee, except that redemption notices may be mailed given more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article 8 or 11 hereof. The notice shall identify the Notes to be redeemed (including the series, issue date, CUSIP number, interest rate, maturity date and shall certificate number, if applicable) and state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its method of determination);
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall will 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ; and
(i) any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice conditions precedent to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall will give the notice of redemption in the Company’s name and at its the Company’s expense; provided, however, that the Company shall have Officers’ Certificate delivered to the Trustee, as provided in Trustee pursuant to Section 3.01, an Officers’ Certificate requesting 3.01 hereof requests that the Trustee give such notice and setting sets forth the information to be stated in such notice as provided in the preceding paragraph. If such redemption is subject to the satisfaction of one or more conditions precedent, the related notice shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the date of redemption may be delayed until such time as any or all such conditions shall be satisfied or waived (provided that in no event shall such date of redemption be delayed to a date later than 60 days after the date on which such notice was sent), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied or waived by the date of redemption, or by the date of redemption as so delayed. The Company shall provide written notice of the delay of such date of redemption or the rescission of such notice of redemption to the Trustee no later than 10:00 a.m. Eastern Time (subject to DTC procedures) on the date of redemption. Upon receipt of such notice of the delay of such date of redemption or the rescission of such notice of redemption, such date of redemption shall be automatically delayed or such notice of redemption shall be automatically rescinded, as applicable, and the redemption of the Notes to be redeemed shall be automatically delayed or rescinded and cancelled, as applicable, as provided in such notice.
Appears in 1 contract
Samples: Indenture (Permian Resources Corp)
Notice of Redemption. At Subject to Section 3.09 hereof, the Issuer shall deliver or cause to be delivered by electronic transmission or by first-class mail notices of redemption at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its such Holder’s registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 13 hereof. Except as set forth in Section 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 (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ; and
(i) if in connection with a redemption pursuant to Section 3.07(b) hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 15 days before notice of redemption is required to be delivered or caused to be delivered to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a (a) The notice of the call for redemption to each Holder whose Notes are of Bonds shall state (i) the complete official name of the issue, (ii) the Bonds or portion thereof to be redeemed at its registered addressby designation, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance letters, CUSIP numbers or a Covenant Defeasance. The notice shall identify the Notes to be redeemed other distinguishing marks, interest rate, Maturity Date and shall state:
principal amount, (a) the redemption date;
(biii) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and thatpaid, (iv) the date fixed for redemption, (v) that interest shall cease to accrue after the date fixed for redemption, (vi) the place or places, by name and address, where the amounts due upon redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued upon cancellation of the original Note;
are payable and (dvii) the name and address telephone number of the Paying Agent;
(e) that Notes called for redemption must be surrendered Person to the Paying Agent to collect whom inquiries regarding the redemption price;
(f) thatmay be directed; provided, unless however, that the Company defaults failure to identify a CUSIP number for said Bonds in making the redemption notice, or the inclusion of an incorrect CUSIP number, shall not affect the validity of such redemption payment, interest on Notes called for redemption cease to accrue on notice; and after the redemption date;
(g) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and provided further that any such notice may state that no representation is made as to the correctness or accuracy of the CUSIP number listed in such notice or numbers either as printed on the NotesBond or as contained in such notice. If any The notice shall be given by the Bond Registrar on behalf of the Notes Issuer by mailing a copy of the redemption notice by first class mail postage prepaid, at least thirty (30) days (fifteen (15) days if the Interest Rate Mode for such Bonds is the Dutch Auction Rate) but no more than ninety (90) days prior to the date fixed for redemption, to the owner of each Bond subject to redemption in whole or in part at the owner’s address shown on the Bond Register and to the Trustee if it is not also Bond Registrar. When the Bonds are not held in a Book-Entry System a second notice shall be sent in the same manner described above not more than ninety (90) days after the redemption date to the owner of any redeemed Bond which was not presented for payment on the redemption date. Any Bond which is remarketed subsequent to a notice of redemption being delivered, but prior to the date of such redemption, shall be delivered to the purchaser thereof accompanied by such notice. Furthermore, if any Bonds in a Dutch Auction Rate Period are to be redeemed is and those Bonds are held by the Depository, the Bond Registrar shall include in the form notice of a Global Note, then the Company shall modify such notice call for redemption delivered to the extent necessary Depository: (i) under an item entitled “Publication Date for Depository Purposes”, the Interest Payment Date prior to accord with the procedures redemption date, and (ii) an instruction to the Depository to (x) determine on such Publication Date after the Auction held on the immediately preceding Auction Date has settled, the Depository participants whose Depository positions will be redeemed and the principal amount of such Bonds to be redeemed from each such position ( the “Securities Depository Redemption Information”), and (y) notify the Auction Agent immediately after such determination of the positions of the Depository applicable participants in such Bonds immediately prior to redemption. At the Company’s requestsuch Auction settlement, the Trustee positions of the Depository participants in such Bonds immediately following such Auction settlement, and the Securities Depository Redemption Information; for purposes of this sentence, the term “Publication Date” shall give mean three Business Days after the Auction Date next preceding such redemption date. Failure to receive notice pursuant to this Section, or any defect in that notice, as to any Bond shall not affect the validity of the proceedings for the redemption of any other Bond. Notices of redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered also be mailed to the TrusteeRemarketing Agent, as provided in Section 3.01the Auction Agent, an Officers’ Certificate requesting that the Trustee give such notice Paying Agent and setting forth the information to be stated in such notice as provided in the preceding paragraphany Credit Facility Issuer.
Appears in 1 contract
Notice of Redemption. At Subject to the final paragraph of this Section 1105, at least 30 days but not more than 60 days before a redemption dateRedemption Date, the Company shall mail or cause to be mailed, by first class mail, send a notice of redemption to each Holder whose Notes are to be redeemed at its registered address; provided, except however, that (notwithstanding the foregoing) notices of redemption notices may be mailed sent more than 60 days prior to a redemption date Redemption Date if the such notice is issued in connection with a Legal Defeasance or a Covenant DefeasanceDefeasance of the Notes or the satisfaction and discharge of this Indenture. The notice shall identify the Notes to be redeemed (including the CUSIP or ISIN numbers) and shall state:
(a1) the redemption dateRedemption Date;
(b2) the redemption price (Redemption Price, or if not then determined and otherwise ascertainable, the basis for its determination)manner of calculation thereof;
(c3) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a 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, and in the case of a Global Note, an appropriate notation shall be made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof;
(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 and become due on the date fixed for redemption, unless the redemption priceis subject to a condition precedent that is not satisfied or waived;
(f6) that, unless the Company defaults in making such redemption payment, interest interest, if any, on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g7) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and 8) that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(9) any of the Notes conditions that must be satisfied prior to be redeemed is in the form of a Global Note, then the Company shall modify becoming obligated to consummate such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the Company’s name and at its the Company’s expense; provided, however, that the Company shall have delivered to the Trustee, at least five Business Days prior to sending of notice of the redemption (or such shorter period of time as provided in Section 3.01may be acceptable to the Trustee), an Officers’ Certificate requesting a Company Request that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph. Notwithstanding the preceding provisions of this Section 1105, notice of any redemption with the cash proceeds of one or more Equity Offerings may be given prior to the completion of the related Equity Offering, and in the case of a redemption upon a Change of Control, may be given prior to the Change of Control being consummated, and any such redemption or notice may at the Company’s discretion be subject to one or more conditions precedent, including but not limited to completion of the related Equity Offering.
Appears in 1 contract
Notice of Redemption. At The Issuer shall deliver electronically, mail or 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(e) and (f), not more than 60 days before a the purchase or redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11. Notices of redemption may be conditional. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, any notice of redemption that relates to such Note shall state the portion of the principal amount of such 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 a principal amount equal to the unredeemed or unpurchased portion shall be issued of the original Note 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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If ; and
(i) if in connection with a redemption pursuant to Section 3.07, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, at least 5 Business Days before notice of redemption is required to be sent or caused to be sent to Holders pursuant to this Section 3.03 (or such shorter time period as provided in Section 3.01the Trustee may agree), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Samples: Indenture (Nesco Holdings, Inc.)
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption date, the Company Issuers shall mail deliver or cause to be mailed, by first class mail, delivered a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed delivered more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Articles 8 or 12 of this Indenture. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of ; and
(i) whether the Notes to be redeemed redemption is in the form of a Global Note, then the Company shall modify such notice subject to the extent necessary to accord with the procedures satisfaction of the Depository applicable to redemptionone or more conditions. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s Issuers’ name and at its their expense; provided, however, that the Company shall Issuers have delivered to the Trustee, as provided in Section 3.01at least 20 days prior to the redemption date (or such shorter time period otherwise agreed to by the Trustee), an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Samples: Indenture (Wynn Resorts LTD)
Notice of Redemption. At The Issuer shall mail or cause to be mailed by first-class mail notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determinationor method of calculating it);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this Fifth Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(j) if in connection with a redemption pursuant to Section 3.07 hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At Subject to Sections 3.07(f), 3.09 and 3.11 hereof, the Issuer shall send electronically, mail or 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 a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress 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 Redemption Date if the notice is issued in connection with a Legal Defeasance conditional redemption or a Covenant DefeasanceArticle VIII or Article XI hereof. For Notes held on behalf of Euroclear or Clearstream, notices may be given by delivery of the 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number ISIN and Common Code, if any, printed on the Notes being redeemed and that no representation is made as to the correctness or accuracy of the CUSIP number any such ISIN and Common Code that is listed in such notice or printed on the Notes. If ; and
(i) any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee or Paying Agent shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuers shall have delivered to the TrusteeTrustee and Paying Agent, as provided in 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 3.013.03 (unless a shorter notice shall be agreed to by the Trustee or the Paying Agent ), an Officers’ 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 paragraphparagraph and setting forth the form of such notice.
Appears in 1 contract
Samples: Indenture (Organon & Co.)
Notice of Redemption. At The Company shall send a notice of redemption to each Holder whose Securities are to be redeemed (x) on the Issue Date in the form of the Issue Date Redemption Notice in connection with the Issue Date Redemption of Securities pursuant to Section 3.07(c) hereof or (y) at least (i) 10 days but not more than 60 days before a date for redemption of Securities pursuant to Section 3.08 hereof or (ii) 30 days but not more than 60 days before a date for redemption date, of Securities pursuant to Section 4.04 hereof. Such notice shall be sent to such Xxxxxx’s registered address (with a copy to the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered addressTrustee), except that redemption notices may be mailed or otherwise delivered more than 60 days prior to a the redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Securities or a Covenant Defeasancesatisfaction and discharge of this Indenture pursuant to Article VIII. The notice shall identify the Notes Securities to be redeemed and shall state:: 0000-0000-0000
(a1) the redemption date;
(b2) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued upon cancellation of the original Note;
(d3) the name and address of the Paying Agent;
(e4) that Notes Securities called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f5) thatif fewer than all the outstanding Securities are to be redeemed, the identification and principal amounts of the particular Securities to be redeemed and the aggregate principal amount of Securities to be outstanding after such partial redemption, and that on and after the redemption date, upon surrender of any Security to be redeemed only in part, a new Security in principal amount equal to the unredeemed portion thereof shall be issued;
(6) that unless the Company defaults in making such redemption payment, on the redemption date, the redemption price will become due and payable upon each Security of portion thereof to be redeemed and that interest on Notes the Securities (or portion thereof) called for redemption will cease to accrue on and after the redemption datedate and the only remaining right of the Holders of such Securities on and after the redemption date is to receive payment of the redemption price upon surrender to the Paying Agent of the Securities redeemed;
(g7) the paragraph of “CUSIP” number, ISIN or “Common Code” number, if any, printed on the Notes or Section of this Indenture pursuant to which the Notes called for redemption are Securities being redeemed; and
(h) the CUSIP number printed on the Notes and 8) that no representation is made as to the correctness or accuracy of the CUSIP number “CUSIP” number, ISIN, or “Common Code” number, if any, listed in such notice or printed on the NotesSecurities. If In addition, (a) if such redemption is subject to satisfaction of one or more conditions precedent, such notice of redemption shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the stated redemption date, or by the redemption date as so delayed and (b) if such redemption is a mandatory redemption being made pursuant to Section 4.04 as the result of a Release Trigger Event, (x) the notice of redemption shall state that the principal amount of the Notes Securities to be redeemed is will equal the maximum principal amount of Securities for which the Collateral Release Excess Proceeds Redemption Price does not exceed an amount equal to the sum of the Pro Rata Percentage Amount applicable to the Securities (and specifying such amount) plus, depending on the extent to which Other Secured Notes are not tendered in the form Collateral Release Excess Proceeds Offer being conducted substantially concurrently with such Collateral Release Excess Proceeds Redemption, an additional amount not to exceed the Pro Rata Percentage Amount applicable to the Other Secured Notes (and specifying such other amount), (y) the redemption date may be delayed at the Company’s discretion until the Company is able to determine the Collateral Release Excess Proceeds Other Secured Notes Unused Amount, if any, that remains after consummation 0000-0000-0000 of a Global Note, then the Collateral Release Excess Proceeds Offer made by the Company to Other Secured Noteholders pursuant to the Other Secured Notes Indenture; and (z) the Company shall modify such provide at least five (5) Business Days’ notice to the extent necessary to accord with Trustee and the procedures Holders of the Depository applicable principal amount of Securities to redemptionbe redeemed and the redemption price therefor prior to the redemption date. At the Company’s requestrequest made at least five (5) Business Days prior to the date on which notices of redemption are to be sent (or such shorter period as may be agreed by the Trustee), the Trustee shall give deliver the notice of redemption to the Holders in the Company’s name and at its the Company’s expense; provided. In such event, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that provide the Trustee give such notice and setting forth with the information to be stated in such notice as provided in the preceding paragraphrequired by this Section.
Appears in 1 contract
Notice of Redemption. At The Issuer shall mail or cause to be mailed by first-class mail notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determinationor method of calculating it);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this Twentieth Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(j) if in connection with a redemption pursuant to Section 3.07 hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At The Issuer shall mail or cause to be mailed by first-class mail notices of redemption at least 30 10 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determinationor method of calculating it);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this Forty-Second Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(j) if in connection with a redemption pursuant to Section 3.07 hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At The Issuers shall deliver electronically or mail, or cause to be delivered electronically or mailed, by first-class mail notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the procedures of the Depository, 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 14; provided that in connection with a Legal Defeasance or a Covenant DefeasanceSpecial Mandatory Redemption pursuant to Section 3.09 hereof, 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, provided further than any notice of redemption delivered pursuant to Section 3.09 shall be subject to completion of the Latisys Acquisition. The notice shall identify the Notes to be redeemed (including CUSIP and/or ISIN numbers) and shall state:
(a) the redemption dateRedemption Date;
(b) the redemption price (or manner of calculation if not then determined and otherwise the basis for its determinationknown);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name of each Issuer and at its their expense; provided, however, provided that the Company Issuers shall have delivered to the Trustee, as provided in at least 5 Business Days before notice of redemption is required to be delivered or caused to be delivered to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an 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.
Appears in 1 contract
Notice of Redemption. At The Issuer shall mail or cause to be mailed by first-class mail notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determinationor method of calculating it);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this Third Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(j) if in connection with a redemption pursuant to Section 3.07 hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. (a) At least 30 15 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, 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 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge, the Issuers shall send a Covenant Defeasancenotice of redemption to each Holder whose Notes are to be redeemed at its registered address. Any redemption notice may, at the Company’s discretion, be subject to one or more conditions specified in the redemption notice. If any such condition precedent has not been satisfied, the Issuers shall provide written notice to the Trustee and the Holders on or prior to the redemption date. Upon receipt of such notice, the notice of redemption shall be rescinded and the redemption of the Notes shall not occur.
(b) The notice shall identify the Notes to be redeemed and shall state:
(ai) the redemption date;
(bii) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(ciii) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption shall cease to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hviii) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. ; and
(ix) any conditions precedent to the redemption.
(c) If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures of the Depository 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 any such redemption promptly after the calculation, and the Trustee shall not be responsible for making or verifying such calculation.
(e) At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraphSection 3.03(b).
Appears in 1 contract
Samples: Indenture (Enviva Partners, LP)
Notice of Redemption. At least 30 days but not more than 60 days before a date for redemption dateof Notes, the Company Issuer shall mail or cause to be mailed, by first class mail, a notice of redemption by first-class mail to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior and shall comply with the publication provisions relating to a redemption date if the such notice is issued in connection accordance with a Legal Defeasance or a Covenant DefeasanceSection 12.02. The notice shall identify the Notes to be redeemed and shall state:state (including CUSIP numbers, ISIN numbers and Common Codes):
(a) the redemption date;
(b) the redemption price (and the amount of accrued interest, if then determined and otherwise the basis for its determination)any, to be paid;
(c) the name and address of the Paying Agent;
(d) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price plus accrued interest (if any);
(e) if any Global Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date date, upon surrender of such Global Note, the principal amount of the Global Note will be reduced on the Security Register, adjusting the principal amount thereof to be equal to the unredeemed portion;
(f) if any certificated Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date, upon surrender of such certificated Note, a new certificated Note or certificated Notes in a principal amount equal to the unredeemed portion shall will be issued upon cancellation of the original Noteissued;
(dg) if fewer than all the name outstanding Notes are to be redeemed, the identification and address principal amounts of the Paying Agentparticular Notes to be redeemed;
(e) that Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(fh) that, unless the Company defaults Issuer and the Subsidiary Guarantors default in making such redemption paymentpayment or the Paying Agent is prohibited from making such payment pursuant to the terms of this Indenture, interest on the Notes (or portion thereof) called for redemption shall cease to accrue on and after the redemption date;
(gi) the paragraph of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(hj) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number ISIN, Common Code or similar number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuer's written request, the Trustee shall give the notice of redemption in the Company’s Issuer's name and at its the Issuer's expense; provided. In such event, however, that the Company Issuer shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that provide the Trustee give such with the notice and setting forth the other information to be stated in such notice as provided in the preceding paragraphrequired by this Section 3.03.
Appears in 1 contract
Samples: Indenture (TMM Lines LTD LLC)
Notice of Redemption. At Subject to the provisions of Section 3.09, notices of redemption will be mailed by first class mail at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance of the Notes or a Covenant Defeasancesatisfaction and discharge of this Indenture. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Note is being to be redeemed in partpart only, the notice of redemption that relates to that Note will state the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date upon surrender of such Note, a redeemed. A new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note will be issued in the name of the Holder of 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 Company defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01at least 45 days prior to the redemption date, an Officers’ ' Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Samples: Indenture (Hercules Inc)
Notice of Redemption. At Subject to the provisions of Section 3.09 hereof, at least 30 days but not more than 60 days before a redemption datedate (except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge), the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued in the name of the applicable 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 Company defaults in making such redemption payment, interest and Special Interest, if any, on Notes called for redemption shall cease to accrue on and after the redemption datedate 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 of the Notes or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of optional redemption in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 1 contract
Notice of Redemption. At least Notice of redemption shall be given by first-class mail, postage prepaid, mailed (or, in the case of any notice to the Holder of a Global Note, sent electronically in accordance with the Depositary’s procedures) not less than 30 days but not nor more than 60 days before a redemption dateprior to the Redemption Date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose of Notes are to be redeemed redeemed, at its registered addressaddress appearing in the Security Register, 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 a Legal Defeasance or a Covenant Defeasance. The notice shall identify Defeasance of the Notes or a satisfaction and discharge of the Indenture pursuant to be redeemed and Article Five. All notices of redemption shall state:
(a1) the redemption date;Redemption Date,
(b2) the redemption price (Redemption Price, if then determined and otherwise the basis for its determination);manner of calculation thereof,
(c3) if any Note is being redeemed in partless than all the Outstanding Notes are to be redeemed, the portion identification (and, in the case of partial redemption of any such Notes, the principal amounts) of the principal amount of particular Notes to be redeemed,
(4) that on the Redemption Date the Redemption Price will become due and payable upon each such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults in making such redemption payment, interest on Notes called for redemption thereon will cease to accrue on and after the redemption said date;,
(g5) the paragraph place or places where each such Note is to be surrendered for payment of the Notes or Section Redemption Price,
(6) the CUSIP/ISIN numbers of this Indenture pursuant to which the Notes called for redemption are being redeemedNotes; and
(h7) any conditions precedent for the CUSIP number printed on the Notes and that no representation is made as to the correctness redemption or accuracy notice of the CUSIP number listed in such notice or printed on the Notesredemption. If any Notice of the redemption of Notes to be redeemed is in at the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures election of the Depository applicable to redemption. At Issuer shall be given by the CompanyIssuer or, at the Issuer’s request, by the Trustee in the name and at the expense of the Issuer and shall give the be irrevocable. Any redemption or notice of redemption in may, at the CompanyIssuer’s name and at its expense; provideddiscretion, however, that the Company shall have delivered be subject to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.one or more conditions precedent
Appears in 1 contract
Samples: Tenth Supplemental Indenture (Weatherford International PLC)
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption date, except that redemption notices may be mailed (or otherwise delivered in accordance with the Company procedures of DTC) more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or Discharge, the Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasance. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption date;
(b) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes; and
(i) any conditions precedent to such redemption. Redemptions may be conditioned on one or more conditions precedent specified in the notice of redemption. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures Applicable Procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of optional redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided at least ten days before notice of redemption is required to be mailed or caused to be mailed (or otherwise delivered in accordance with the procedures of DTC) pursuant to this Section 3.013.03, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 1 contract
Samples: Indenture (Calumet Specialty Products Partners, L.P.)
Notice of Redemption. At least 30 20 days but not more -------------------- than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder holder whose Convertible Subordinated Notes are to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant Defeasanceredeemed. The notice shall identify the Convertible Subordinated Notes to be redeemed and shall state:
(a1) the redemption date;
(b2) the redemption price (if then determined and otherwise the basis for its determination)price;
(c3) if any Convertible Subordinated Note is being redeemed in part, the portion of the principal amount of such Convertible Subordinated Note to be redeemed and that, after the redemption date date, upon surrender of such Convertible Subordinated Note, a new Convertible Subordinated Note or Convertible Subordinated Notes in a principal amount equal to the unredeemed portion shall will be issued upon cancellation of the original Noteissued;
(d) the name and address of the Paying Agent;
(e4) that Convertible Subordinated Notes called for redemption must be surrendered to the Paying Agent to collect the redemption price;
(f5) that, unless the Company defaults in making such redemption payment, that interest on Convertible Subordinated Notes called for redemption cease 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);
(g6) the paragraph Paragraph of the Convertible Subordinated Notes or Section of this Indenture pursuant to which the Convertible Subordinated Notes are being redeemed;
(7) the aggregate principal amount of Convertible Subordinated Notes (if less than all) that are being redeemed;
(8) the CUSIP number of the Convertible Subordinated Notes (provided that the disclaimer permitted by Section 2.13 may be made);
(9) the name and address of the Paying Agent;
(10) that Convertible Subordinated Notes called for redemption are being redeemedmay be converted at any time prior to the close of business on the last trading day immediately preceding the redemption date and if not converted prior to the close of business on such date, the right of conversion will be lost; and
(h11) that in the CUSIP number printed case of Convertible Subordinated 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 Convertible Subordinated Note is registered at the close of business on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemptionrelevant Regular Record Date. At the Company’s 's request, the Trustee shall give the notice of redemption in the Company’s 's name and at its expense; provided, however, that the Company shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Samples: Indenture (Leasing Solutions Inc)
Notice of Redemption. At Subject to Section 3.09 hereof, notices of redemption shall be mailed by first-class mail, postage prepaid, at least 30 days but not more than 60 days before a the redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption date to each Holder whose of Senior Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the procedures of DTC, except that notices of redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 11 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determination)price;
(c) if any Senior Note is being to be redeemed in partpart only, the portion of the principal amount of such that 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 a principal amount equal to the unredeemed portion shall of the original Senior Note representing the same indebtedness to the extent not redeemed 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 Company defaults in making such redemption payment, interest on Senior Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(g) the paragraph or subparagraph of the Senior Notes or and/or Section of this Indenture pursuant to which the Senior Notes called for redemption are being redeemed; and;
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Senior Notes. If ; and
(i) if in connection with a redemption pursuant to Section 3.07(c) or 3.07(d) hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company shall have delivered to the Trustee, as provided in at least 5 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At The Issuer shall mail or cause to be mailed by first-class mail notices of redemption at least 30 days but not more than 60 days before a redemption date, the Company shall mail or cause to be mailed, by first class mail, a notice of redemption Redemption Date to each Holder whose of Notes are to be redeemed at its such Holder’s registered addressaddress or otherwise in accordance with the 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 a Legal Defeasance Article 8 or a Covenant DefeasanceArticle 13 hereof. Except as set forth in Section 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 dateRedemption Date;
(b) the redemption price (if then determined and otherwise the basis for its determinationor method of calculating it);
(c) if any Note is being to be redeemed in partpart only, the portion of the principal amount of such that Note that is to be redeemed and that, after the redemption date Redemption Date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall of the original Note representing the same indebtedness to the extent not redeemed will be issued in the name of the Holder of the Notes upon cancellation of the original Note;
(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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption dateRedemption Date;
(gh) the paragraph or subparagraph of the Notes or and/or Section of this Eighteenth Supplemental Indenture pursuant to which the Notes called for redemption are being redeemed; and;
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN number, if any, listed in such notice or printed on the Notes. If ; and
(j) if in connection with a redemption pursuant to Section 3.07 hereof, any of the Notes condition to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, provided that the Company Issuer shall have delivered to the Trustee, as provided in at least 2 Business Days before notice of redemption is required to be mailed or caused to be mailed to Holders pursuant to this Section 3.013.03 (unless a shorter notice shall be agreed to by the Trustee), an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Notice of Redemption. At least 30 days but not more than 60 days before prior to a redemption date, the Company Companies shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its such Holder's registered addressaddress appearing in the Security Register, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance defeasance pursuant to Article 8 hereof or a Covenant Defeasancesatisfaction and discharge pursuant to Article 11 hereof. The notice shall identify the Notes to be redeemed and shall state:
(a) the redemption 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 (if then determined and otherwise 2) Business Days prior to the basis for its determination)redemption date;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, if applicable, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company defaults Companies default in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or Section applicable section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number and/or ISIN numbers, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Companies' request, the Trustee shall give the notice of redemption in the Company’s name Companies' names and at its their expense; provided, however, that the Company Companies shall have delivered to the Trustee, as provided in Section 3.01at least 45 days (or such shorter period allowed by the Trustee), prior to the redemption date, an Officers’ ' Certificate requesting that the Trustee give such notice (in the name and at the expense of the Companies) and setting forth the information to be stated in such notice as provided in the preceding paragraphthis Section 3.03.
Appears in 1 contract
Samples: Indenture (Twi Holdings Inc)
Notice of Redemption. At least 30 days but not more than 60 days before a redemption date, the Company Issuers shall mail or cause to be mailed, by first class mail, a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that optional redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance, Covenant Defeasance or a Covenant DefeasanceDischarge. The notice shall identify the Notes to be redeemed (including “CUSIP” numbers and corresponding “ISINs”, if applicable) and shall state:
(a) the redemption date;
(b) the redemption price (or, if the redemption price is not then determined and otherwise determinable, the basis for its determination)manner in which it is to be determined;
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion 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 Company defaults Issuers default in making such redemption payment, interest and Additional Interest, if any, on Notes called for redemption cease to accrue on and after the redemption datedate 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 of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed; and
(h) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number or ISIN number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuers shall modify such notice to the extent necessary to accord with the procedures of the Depository applicable to redemption. At the Company’s Issuers’ request, the Trustee shall give the notice of redemption in the Company’s name Issuers’ names and at its their expense; provided, however, that the Company Issuers shall have delivered to the Trustee, as provided in Section 3.01, an Officers’ Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the second preceding paragraph.
Appears in 1 contract
Samples: Indenture (PetroLogistics LP)
Notice of Redemption. At least 30 15 days but not more than 60 days before a redemption date, the Company Issuer shall mail give or cause to be mailedgiven, by first class mailmail (or electronically in the case of Global Notes), a notice of redemption to each Holder whose Notes are to be redeemed at its registered address, except that redemption notices may be mailed given more than 60 days prior to a redemption date if the notice is issued in connection with a Legal Defeasance or a Covenant DefeasanceDischarge. The notice shall identify the Notes to be redeemed (including CUSIP numbers) and shall state:
(a) the redemption date;
(b) the redemption price (if then determined and otherwise the basis for its determination);
(c) if any Note is being redeemed in part, the portion of the principal amount of such Note to be redeemed and that, after the redemption date upon surrender of such Note, a new Note or Notes in a principal amount equal to the unredeemed portion shall be issued 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 Company Issuer defaults in making such redemption payment, interest on Notes called for redemption cease ceases to accrue on and after the redemption date;
(g) the paragraph of the Notes or and/or Section of this Indenture pursuant to which the Notes called for redemption are being redeemed;
(h) any conditions to redemption; and
(hi) the CUSIP number printed on the Notes and that no representation is made as to the correctness or accuracy of the CUSIP number number, if any, listed in such notice or printed on the Notes. If any of the Notes to be redeemed is in the form of a Global Note, then the Company Issuer shall modify such notice to the extent necessary to accord with the applicable procedures of the Depository Depositary applicable to redemption. At the CompanyIssuer’s request, the Trustee shall give the notice of redemption in the CompanyIssuer’s name and at its expense; provided, however, that the Company Issuer shall have delivered to the Trustee, as provided in Section Section 3.01, an Officers’ Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.
Appears in 1 contract
Samples: Indenture (Navajo Transitional Energy Company, LLC)