Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.07, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 14 contracts
Samples: Cybin (Cybin Inc.), Energy Fuels Inc, KWESST Micro Systems Inc.
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 14 contracts
Samples: Suncor Energy Inc, Suncor Energy Inc, Indenture (Borg Warner Automotive Inc)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.07, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 7 contracts
Samples: Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.), Indenture (Acreage Holdings, Inc.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension PeriodEXTENSION PERIOD") up to but not beyond the date (the "Final MaturityFINAL MATURITY") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated MaturityORIGINAL STATED MATURITY"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension NoticeEXTENSION NOTICE") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 6 contracts
Samples: Indenture (Petro Canada), Indenture (Encana Corp), Encana Corp
Optional Extension of Stated Maturity. The provisions of this Section 3.08 309 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 5 contracts
Samples: Indenture (Oneok Inc /New/), CSC Parent Corp, CCC Capital Trust Ii
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Corporation exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Corporation to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Cenovus Energy Inc.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Indenture (Cendant Corp), Cendant Corp, Cendant Corp
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Form of Indenture (Taseko Mines LTD), Indenture (Uranerz Energy Corp.), Form of Indenture (Baja Mining Corp.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 309 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Indenture (Oneok Inc /New/), Oneok Inc /New/, CSC Holdings Inc
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Indenture (Encana Corp), Encana Corp, Encana Corp
Optional Extension of Stated Maturity. (1) The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (VIQ Solutions Inc.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Zymeworks Inc., Zymeworks Inc., Indenture (Pretium Resources Inc.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 309 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07107, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07107, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option Option to elect repayment Elect Repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (AMC Networks Inc.), Indenture (WE TV Studios LLC), Indenture (Voom HD Holdings LLC)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Twelve for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (New Gold Inc. /FI), Indenture (Field Trip Health Ltd.), Indenture (Osisko Gold Royalties LTD)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.071.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen 13 for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Corporation exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Corporation to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.), Indenture (Agrium Inc)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee and the Paying Agent in writing of such exercise at least 50 but not more than 60 calendar days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee or the Paying Agent (if the Paying Agent is different than the Trustee) shall transmittransmit at the expense of the Company, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 calendar days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's or Paying Agent's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 calendar days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee or Paying Agent to transmittransmit at the expense of the Company, in the manner provided for in Section 1.071.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen 12 for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee and Paying Agent shall be at least 25 but not more than 35 calendar days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee and Paying Agent revoke such tender for repayment until the close of business on the tenth calendar day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Taseko Mines LTD, High Tide Inc., Northern Dynasty Minerals LTD
Optional Extension of Stated Maturity. (a) The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company Issuer for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company Issuer may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”), which notice shall set forth the specific information to be contained in the Extension Notice (as defined below). If the Company Issuer exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Issuer to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Office Properties Canada)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Viacom International Inc /De/), Viacom Inc
Optional Extension of Stated Maturity. (a) The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”), which notice shall set forth the specific information to be contained in the Extension Notice (as defined below). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Brookfield Properties Corp), Indenture (Thomson Reuters Corp /Can/)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01)) . The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.07, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Energy Fuels Inc), IntelGenx Technologies Corp.
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Corporation exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07107, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Corporation to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07107, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to and unpaid to, but not including, such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (ONE Gas, Inc.), Indenture (ONE Gas, Inc.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Uranium Energy Corp, Uranium Energy Corp
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will shall have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will shall bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will shall have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Optional Extension of Stated Maturity. The provisions of this Section 3.08 309 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such ; and such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day (or if such day is not a Business Day, on the immediately succeeding Business Day) before the Original Stated Maturity.
Appears in 2 contracts
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: CSC Parent Corp, Cablevision Systems Corp
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 45 but not more than 60 90 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07, 1.06 notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Four Seasons Hotels Inc), Four Seasons Hotels Inc
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company Issuer for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company Issuer may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Issuer exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Issuer to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Issuer may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Issuer extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Issuer on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Issuer has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (American Medical Systems Europe B.V.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension PeriodEXTENSION PERIOD") up to but not beyond the date (the "Final MaturityFINAL MATURITY") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated ORIGINAL STATED Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension NoticeEXTENSION NOTICE") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Husky Energy Inc)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made and shall only be applicable to any series of Securities if expressly set forth in a supplemental indenture with respect to such Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended extended, if contemplated by the particular Series of Securities, at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")) by delivery of a Company Order. If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing directing the Trustees Trustee by delivery of a Company Order, to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such SecuritySecurity within 10 days after receipt of such Company Order. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth fifth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Celestica Inc)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company Companies for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company Companies may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises Companies exercise such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company Companies to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Companies may, at its their option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends Companies extend the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Companies on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has Companies have extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Us Industries Inc /De
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods 44 specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Vasogen Inc
Optional Extension of Stated Maturity. The provisions of this Section 3.08 309 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such ; and such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereofof such Security, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day (or if such day is not a Business Day, on the immediately succeeding Business Day) before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Atmos Energy Corp)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Twelve for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (FSD Pharma Inc.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating indicating: (i) the election of the Company to extend the Stated Maturity, ; (ii) the new Stated Maturity, ; (iii) the interest rate (rate, if any) , applicable to the Extension Period Period; and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Uranium Energy Corp
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice from the Company (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.6, notice from the Company of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Twelve for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (CI Financial Corp.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 309 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustees transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Atmos Energy Corp
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will shall have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will shall bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will shall have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. Persons Deemed Owners Prior to due presentment of a Registered Security for registration of transfer, the Company, the Trustees and any agent of the Company or the Trustees may treat the Person in whose name such Registered Security is registered as the owner of such Registered Security for the purpose of receiving payment of principal of (and premium, if any) and (subject to Sections 305 and 307) interest, if any, on such Security and for all other purposes whatsoever (other than the payment of Additional Amounts, if any), whether or not such Security be overdue, and none of the Company, the Trustees or any agent of the Company or the Trustees shall be affected by notice to the contrary. Title to any Bearer Security and any coupons appertaining thereto shall pass by delivery. The Company, the Trustees and any agent of the Company or the Trustees may treat the bearer of any Bearer Security and the bearer of any coupon as the absolute owner of such Security or coupon for the purpose of receiving payment thereof or on account thereof and for all other purposes whatsoever, whether or not such Security or coupons be overdue, and none of the Company, the Trustees or any agent of the Company or the Trustees shall be affected by notice to the contrary. The Depositary for Securities may be treated by the Company, the Trustees, and any agent of the Company or the Trustees as the owner of such global Security for all purposes whatsoever (other than the payment of Additional Amounts, if any). None of the Company, the Trustees, any Paying Agent or the Security Registrar shall have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Security in global form or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, with respect to any global Security, nothing herein shall prevent the Company, the Trustees, or any agent of the Company or the Trustees, from giving effect to any written certification, proxy or other authorization furnished by any depositary, as a Holder, with respect to such global Security or impair, as between such depositary and owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such depositary (or its nominee) as Holder of such global Security.
Appears in 1 contract
Samples: Ati Technologies Inc
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01)) . The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Taseko Mines LTD
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 45 but not more than 60 90 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable), if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable) for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Schering Plough Corp)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Corporation exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Corporation to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Ovintiv Inc.
Optional Extension of Stated Maturity. (a) The provisions of this Section 3.08 3.8 may be made applicable to any series Series of Securities Notes pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security Note of such series Series may be extended at the option of the Company Issuers for the period or periods specified on the face of such Security Note (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such SecurityNote. The Company Issuers may exercise such option with respect to any Security Note by notifying the Trustee or Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security Note in effect prior to the exercise of such option (the "“Original Stated Maturity"”), which notice shall set forth the specific information to be contained in the Extension Notice (as defined below). If the Company exercises Issuers exercise such option, the Trustee or Trustees shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security Note not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Issuers to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee’s or Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security Note will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Brookfield Infrastructure Partners L.P.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01)) . The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees in writing of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”) and the Company shall provide the Trustees with the information required for such Extension Notice (as defined below). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, upon one day’s notice to the Trustee, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Taseko Mines LTD
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. Persons Deemed Owners. Prior to due presentment of a Registered Security for registration of transfer, the Company, the Trustee and any agent of the Company or the Trustee may treat the Person in whose name such Registered Security is registered as the owner of such Registered Security for the purpose of receiving payment of principal of (and premium, if any) and (subject to Sections 305 and 307) interest, if any, on such Security and for all other purposes whatsoever, whether or not such Security be overdue, and none of the Company, the Trustee or any agent of the Company or the Trustee shall be affected by notice to the contrary. Title to any Bearer Security and any coupons appertaining thereto shall pass by delivery. The Company, the Trustee and any agent of the Company or the Trustee may treat the bearer of any Bearer Security and the bearer of any coupon as the absolute owner of such Security or coupon for the purpose of receiving payment thereof or on account thereof and for all other purposes whatsoever, whether or not such Security or coupons be overdue, and none of the Company, the Trustee or any agent of the Company or the Trustee shall be affected by notice to the contrary. None of the Company, the Trustee, any Paying Agent or the Security Registrar shall have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Security in global form or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. The Company, the Trustee and the Security Registrar shall be entitled to deal with any depositary (including any U.S. Depositary or Common Depositary), and any nominee thereof, that is the Holder of any such global Security for all purposes of this Indenture relating to such global Security (including the payment of principal, premium, if any, and interest and Additional Amounts, if any, and the giving of instructions or directions by or to the owner or holder of a beneficial ownership interest in such global Security) as the sole Holder of such global Security and shall have no obligations to the beneficial owners thereof. None of the Company, the Trustee, any Paying Agent or the Security Registrar shall have any responsibility or liability for any acts or omissions of any such depositary with respect to such global Security, for the records of any such depositary, including records in respect of beneficial ownership interests in respect of any such global Security, for any transactions between such depositary and any participant in such depositary or between or among any such depositary, any such participant and/or any holder or owner of a beneficial interest in such global Security or for any transfers of beneficial interests in any such global Security. Notwithstanding the foregoing, with respect to any global Security, nothing herein shall prevent the Company, the Trustee, or any agent of the Company or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by any depositary (including any U.S. Depositary or Common Depositary), as a Holder, with respect to such global Security or impair, as between such depositary and owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such depositary (or its nominee) as Holder of such global Security.
Appears in 1 contract
Samples: Indenture (Viacom Inc.)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "Extension PeriodEXTENSION PERIOD") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated MaturityORIGINAL STATED MATURITY"). If the Company Corporation exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension NoticeEXTENSION NOTICE") indicating (i) the election of the Company Corporation to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Transalta Corp)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Biovail Corp International
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension PeriodEXTENSION PERIOD") up to but not beyond the date (the "Final MaturityFINAL MATURITY") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated MaturityORIGINAL STATED MATURITY"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided PROVIDED for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension NoticeEXTENSION NOTICE") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided PROVIDED for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided PROVIDED for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Husky Energy Inc)
Optional Extension of Stated Maturity. The provisions of this If specified as contemplated by Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option 2.03 with respect to any Security by notifying the Trustees Securities of such exercise at least 50 but not more than 60 days prior a particular series, the Company and the Guarantor shall have the right to (a) change the Stated Maturity of such Security in effect prior to the exercise principal of the Securities of such option (series upon the "Original Stated Maturity"). If dissolution of the Company exercises such option, applicable Countrywide Trust and the Trustees shall transmit, in the manner provided for in Section 1.07, to the Holder exchange of such Security not later than 40 days prior to Securities for the Original Preferred Securities of such Countrywide Trust, or (b) extend the Stated Maturity a notice (of the "Extension Notice") indicating principal of the Securities of such series; provided that, at the time any election to extend such Stated Maturity is made and at the time of such extension, (i) the election of neither the Company to extend nor the Stated MaturityGuarantor is in bankruptcy, otherwise insolvent or in liquidation, (ii) neither the new Stated MaturityCompany nor the Guarantor is in default in the payment of any interest or principal on the Debt Securities of such series or under the Guarantee in respect thereof, as the case may be, and no deferred interest payments thereon have accrued, (iii) the interest rate (if any) applicable to the Extension Period Countrywide Trust is not in arrears on payments of Distributions on its Preferred Securities and no deferred Distributions thereon have accumulated, (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' transmittal of the Extension Notice, the Stated Maturity Securities of such Security shall be series are rated not less than - by Standard & Poor's Ratings Services or - by Moody's Investors Serxxxx, Xnc. or the equivalent by any other nationally recognized statistical rating organization and (v) the extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If no later than the Company extends 49th anniversary of the Maturity initial issuance of any Securitythe Preferred Securities of the applicable Countrywide Trust; provided, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereoffurther, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered Company exercises its right to dissolve the applicable Countrywide Trust and exchange the Securities of such series for the Preferred Securities of such Countrywide Trust as specified in clause (a) above, any Security for repayment pursuant changed Stated Maturity of the principal of the Securities of such series shall be no earlier than the date that is five years after the initial issue date of the Preferred Securities and no later than the date 30 years (plus an extended term of up to an Extension Notice, additional 19 years if the Holder may by written notice to above-referenced conditions are satisfied) after the Trustees revoke such tender for repayment until initial issue date of the close Preferred Securities of business on the tenth day before the Original Stated Maturityapplicable Countrywide Trust.
Appears in 1 contract
Samples: Countrywide Home Loans Inc
Optional Extension of Stated Maturity. The provisions of this If specified as contemplated by Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option 2.03 with respect to any Security by notifying the Trustees Securities of such exercise at least 50 but not more than 60 days prior a particular series, the Company and the Guarantor shall have the right to (a) change the Stated Maturity of such Security in effect prior to the exercise principal of the Securities of such option (series upon the "Original Stated Maturity"). If dissolution of the Company exercises such option, applicable Countrywide Trust and the Trustees shall transmit, in the manner provided for in Section 1.07, to the Holder exchange of such Security not later than 40 days prior to Securities for the Original Preferred Securities of such Countrywide Trust, or (b) extend the Stated Maturity a notice (of the "Extension Notice") indicating principal of the Securities of such series; provided that, at the time any election to extend such Stated Maturity is made and at the time of such extension, (i) the election of neither the Company to extend nor the Stated MaturityGuarantor is in bankruptcy, otherwise insolvent or in liquidation, (ii) neither the new Stated MaturityCompany nor the Guarantor is in default in the payment of any interest or principal on the Debt Securities of such series or under the Guarantee in respect thereof, as the case may be, and no deferred interest payments thereon have accrued, (iii) the interest rate (if any) applicable to the Extension Period Countrywide Trust is not in arrears on payments of Distributions on its Preferred Securities and no deferred Distributions thereon have accumulated, (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' transmittal of the Extension Notice, the Stated Maturity Securities of such Security shall be series are rated not less than BBB+ by Standard & Poor's Ratings Services or Baa1 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization and (v) the extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If no later than the Company extends 49th anniversary of the Maturity initial issuance of any Securitythe Preferred Securities of the applicable Countrywide Trust; provided, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereoffurther, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered Company exercises its right to dissolve the applicable Countrywide Trust and exchange the Securities of such series for the Preferred Securities of such Countrywide Trust as specified in clause (a) above, any Security for repayment pursuant changed Stated Maturity of the principal of the Securities of such series shall be no earlier than the date that is five years after the initial issue date of the Preferred Securities and no later than the date 30 years (plus an extended term of up to an Extension Notice, additional 19 years if the Holder may by written notice to above-referenced conditions are satisfied) after the Trustees revoke such tender for repayment until initial issue date of the close Preferred Securities of business on the tenth day before the Original Stated Maturityapplicable Countrywide Trust.
Appears in 1 contract
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.09 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder Holders of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen 13 for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.09 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen 13 for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Hughes Electronics Corp
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01)) . The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees in writing of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”) and the Company shall provide the Trustees with the information required for such Extension Notice (as defined below). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' ’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, upon one Business Day’s written notice to the Trustee, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Taseko Mines LTD
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Celestica Inc)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Twelve for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (B2gold Corp)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made and shall only be applicable to any series of Securities if expressly set forth in a supplemental indenture with respect to such Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended extended, if contemplated by the particular Series of Securities, at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity")”) by delivery of a Company Order. If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing directing the Trustees Trustee by delivery of a Company Order, to transmit, in the manner provided for in Section 1.071.06, notice of such higher interest rate to the Holder of such SecuritySecurity within 10 days after receipt of such Company Order. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth fifth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Celestica Inc)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 308 may be made applicable to any series of Securities pursuant to Section 3.01 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.07106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.07106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen 13 for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (International Specialty Products Inc /New/)
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen 12 for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: GREAT PANTHER MINING LTD
Optional Extension of Stated Maturity. The provisions of this Section 3.08 3.8 may be made applicable to any series of Securities pursuant to Section 3.01 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "Extension PeriodEXTENSION PERIOD") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustees Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated MaturityORIGINAL STATED MATURITY"). If the Company Corporation exercises such option, the Trustees Trustee shall transmit, in the manner provided for in Section 1.071.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension NoticeEXTENSION NOTICE") indicating (i) the election of the Company Corporation to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (rate, if any) , applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. 41 Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees Trustee to transmit, in the manner provided for in Section 1.071.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Transalta Corp)
Optional Extension of Stated Maturity. The provisions of this If specified as contemplated by Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option 2.03 with respect to any Security by notifying the Trustees Securities of such exercise at least 50 but not more than 60 days prior a particular series, the Company and the Guarantor shall have the right to (a) change the Stated Maturity of such Security in effect prior to the exercise principal of the Securities of such option (series upon the "Original Stated Maturity"). If dissolution of the Company exercises such option, applicable Countrywide Trust and the Trustees shall transmit, in the manner provided for in Section 1.07, to the Holder exchange of such Security not later than 40 days prior to Securities for the Original Preferred Securities of such Countrywide Trust, or (b) extend the Stated Maturity a notice (of the "Extension Notice") indicating principal of the Securities of such series; provided that, at the time any election to extend such Stated Maturity is made and at the time of such extension, (i) the election of neither the Company to extend nor the Stated MaturityGuarantor is in bankruptcy, otherwise insolvent or in liquidation, (ii) neither the new Stated MaturityCompany nor the Guarantor is in default in the payment of any interest or principal on the Debt Securities of such series or under the Guarantee in respect thereof, as the case may be, and no deferred interest payments thereon have accrued, (iii) the interest rate (if any) applicable to the Extension Period Countrywide Trust is not in arrears on payments of Distributions on its Preferred Securities and no deferred Distributions thereon have accumulated, (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' transmittal of the Extension Notice, the Stated Maturity Securities of such Security shall be series are rated not less than - by Standard & Poor's Ratings Services or - by Moody's Investors Service, Inc. or the equivalent by any other nationxxxx xxcognized statistical rating organization and (v) the extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If no later than the Company extends 49th anniversary of the Maturity initial issuance of any Securitythe Preferred Securities of the applicable Countrywide Trust; provided, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereoffurther, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered Company exercises its right to dissolve the applicable Countrywide Trust and exchange the Securities of such series for the Preferred Securities of such Countrywide Trust as specified in clause (a) above, any Security for repayment pursuant changed Stated Maturity of the principal of the Securities of such series shall be no earlier than the date that is five years after the initial issue date of the Preferred Securities and no later than the date 30 years (plus an extended term of up to an Extension Notice, additional 19 years if the Holder may by written notice to above-referenced conditions are satisfied) after the Trustees revoke such tender for repayment until initial issue date of the close Preferred Securities of business on the tenth day before the Original Stated Maturityapplicable Countrywide Trust.
Appears in 1 contract
Optional Extension of Stated Maturity. The provisions of this Section 3.08 may be made applicable to any series of Securities pursuant to Section 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3.01)) . The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustees shall transmit, in the manner provided for in Section 1.07, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (if any) applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustees' transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustees to transmit, in the manner provided for in Section 1.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may by written notice to the Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Energy Fuels Inc
