Common use of Optional Redemption by Company Clause in Contracts

Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c), except as otherwise may be specified in this Indenture, the Company shall have the right to redeem the Debentures, in whole or in part, from time to time, (i) on or after September 30, 2005, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; (ii) on or after September 30, 2003 but before September 30, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentures, at the Redemption Price. If the Debentures are only partially redeemed pursuant to this Section 3.3(a), the Debentures shall be redeemed pro rata or by lot or in such other manner as the Trustee shall deem appropriate and fair in its discretion. The Redemption Price shall be paid prior to 12:00 noon, New York time, on the date of such redemption or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Redemption Price by 10:00 a.m., New York time, on the date such Redemption Price is to be paid.

Appears in 1 contract

Samples: Ifc Capital Trust Ii

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Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c), except as otherwise may be specified in this Indenture, the Company shall have the right to redeem the Debentures, in whole or in part, from time to time, (i) on or after September 30December 31, 2005, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; (ii) on or after September 30December 31, 2003 but before September 30December 31, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30December 31, 2004 but before September 30December 31, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentures, at the Redemption Price. If the Debentures are only partially redeemed pursuant to this Section 3.3(a), the Debentures shall be redeemed pro rata or by lot or in such other manner as the Trustee shall deem appropriate and fair in its discretion. The Redemption Price shall be paid prior to 12:00 noon, New York time, on the date of such redemption or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Redemption Price by 10:00 a.m., New York time, on the date such Redemption Price is to be paid.

Appears in 1 contract

Samples: Southside Capital Trust Ii

Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c)Article III of the Indenture, except as otherwise may be specified in this Third Supplemental Indenture, the Company shall have the right to redeem the Debentures, in whole or in part, from time to time, (i) on or after September 30January 15, 20052007, at a redemption price (the "Optional Redemption Price Price") equal to 100% the percentage of the principal amount to be redeemed plus any of the Debentures specified below, plus, in each case, accrued and unpaid interest thereon to the date of such redemption; (ii) on or after September 30, 2003 but before September 30, 2004, at a Redemption Price equal to ____% redemption if redeemed during the 12-month period beginning January 15 of the principal amount to be redeemed plus any accrued years indicated below: Year Percentage ------------------- ---------- 2007 104.250% 2008 103.825 2009 103.400 2010 102.975 2011 102.550 2012 102.125 2013 101.700 2014 101.275 2015 101.850 2016 100.425 2017 and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption. thereafter 100.000 Any redemption pursuant to this Section 3.3(a) shall 3.2 will be made upon not less than 30 days' nor more than 60 days' notice to the registered holder of the Debentures, at the Optional Redemption Price. If the Debentures are only partially redeemed pursuant to this Section 3.3(a)3.2, the Debentures shall will be redeemed pro rata or by lot or in by any other method utilized by the Trustee; provided, that if at the time of redemption, the Debentures are registered as a Global Security, the Depositary shall determine by lot the principal amount of such other manner as the Trustee shall deem appropriate and fair in its discretionDebentures held by each Debenture holder to be redeemed. The Optional Redemption Price shall be paid prior to 12:00 noon, New York time, on the date of such redemption or at such earlier time as the Company determines and specifies in the notice of redemption, provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price by 10:00 a.m., New York time, 11:00 a.m. on the date such Optional Redemption Price is to be paid.

Appears in 1 contract

Samples: Comed Financing Ii

Optional Redemption by Company. (a) i. Subject to the provisions of Section 3.3(c)3.2(b) and to the provisions of Article XII of the Indenture, except as otherwise may be specified in Section 3.1 or elsewhere in this Supplemental Indenture, the Company shall have the right to redeem the Convertible Debentures, in whole or in part, from time to time, (i) on or after September 30December 18, 2005, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; (ii) on or after September 30, 2003 but before September 30, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption1999. Any redemption pursuant to this Section 3.3(a) shall paragraph will be made upon not less than 30 days' days nor more than 60 days' days notice to the holder Holders of the Convertible Debentures, at the following prices (expressed as percentages of the principal amount of the Convertible Debentures) (the "Optional Redemption Price" together with accrued and unpaid interest, including Compounded and Additional Interest to, but excluding, the Redemption Date, if redeemed during the 12-month period beginning December 18: YEAR REDEMPTION PRICE ---- ---------------- 1999 104.025% 2000 103.450 2001 102.875 2002 102.300 2003 101.725 2004 101.150 2005 100.575 and 100% if redeemed on or after December 18, 2006. If Convertible Debentures are redeemed on any March 15, June 15, September 15, or December 15, accrued and unpaid interest shall be payable to holders of record on the relevant record date. The Convertible Debentures may not be redeemed by the Company if the Company is in arrears in payment of interest thereon. So long as the corresponding Convertible Preferred Securities are outstanding, the proceeds from the redemption of the Convertible Debentures will be used to redeem Convertible Preferred Securities. If the Convertible Debentures are only partially redeemed pursuant to this Section 3.3(a)3.2, the Convertible Debentures shall will be redeemed pro rata or selected for redemption by lot or in such other manner as any method utilized by the Trustee shall deem appropriate and fair in its discretionTrustee. The Optional Redemption Price Price, together with any required interest payment, shall be paid prior to 12:00 noon, New York time, on the date of such redemption Redemption Date or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price Price, together with any required interest payment, by 10:00 a.m., New York time, on the date such Redemption Price is amounts are to be paid. Partial redemptions must be in an amount not less than $1,000,000 principal amount of Debentures. If Convertible Debentures selected for partial redemption are converted in part before termination of the conversion right with respect to the portion of the Convertible Debenture of such series so selected, the converted portion of the Convertible Debentures of such series shall be deemed (so far as may be) to be the portion selected for redemption. Convertible Debentures (or portions thereof) which have been converted during a selection of Convertible Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Convertible Debenture of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Convertible Debenture of such series. The notice of redemption to be made to the Holders of the Convertible Debentures shall specify, in addition to those items specified in Section 12.2 of the Indenture, the conversion rate or price, the date on which the right to convert the Convertible Debentures to be redeemed will terminate and the place or places where such Convertible Debentures may be surrendered for conversion. In addition to the notice of redemption to be provided to the Holders of Securities pursuant to Section 12.2 of the Indenture, the Company or the Trust shall give public notice of any such redemption by the issuance of a press release through the services of the Dow Xxxxx Broad Tape, Reuters News Service and Bloomberg News Service. If any Convertible Debenture called for redemption is converted into Common Stock of the Company, any money deposited with the Trustee or with any Paying Agent or so segregated and held in trust for the redemption of such Convertible Debenture shall (subject to any right of the Holder of such Convertible Debenture or any Predecessor Security to receive interest as provided in the last paragraph of Section 2.7 of the Indenture, as amended by this Supplemental Indenture) be paid to the Company upon the Companys request or, if then held by the Company, shall be discharged from such trust.

Appears in 1 contract

Samples: Supplemental Indenture (Tosco Corp)

Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c), except as otherwise may be specified in this IndentureArticle XIV, the Company shall have the right to redeem the DebenturesSecurities, in whole or in part, from time to time, (i) on or after September 30, 2005the Initial Optional Redemption Date, at a Redemption Price equal to 100% the redemption prices set forth below (expressed as percentages of the principal amount to be redeemed plus any principal) plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, to the applicable date of such redemption; redemption (iithe "Optional Redemption Price") on or after September 30if redeemed during the 12-month period beginning June 1, 2003 but before September 30, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued years indicated below. Year Percentage 2007 105.250% 2008 104.725% 2009 104.200% 2010 103.675% 2011 103.150% 2012 102.625% 2013 102.100% 2014 101.575% 2015 101.050% 2016 100.525% 2017 and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____thereafter 100.000% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentures, at the Redemption Price. If the Debentures Securities are only partially redeemed pursuant to this Section 3.3(a)14.02, the Debentures Securities to be redeemed shall be redeemed selected on a pro rata or basis, by lot or in other method utilized by the Trustee, not more than 60 days prior to the date fixed for redemption from the outstanding Securities not previously called for redemption, provided, however, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of such other manner pro rata redemption, the Company shall redeem Securities of each such Securityholder so that after such redemption such Securityholder shall hold Securities either with an aggregate principal amount of at least $100,000 or such Securityholder no longer holds any Securities and shall use such method (including, without limitation, by lot) as the Trustee Company shall deem fair and appropriate, provided, further, that any such method of selection may be made on the basis of the aggregate principal amount of Securities held by each Securityholder and may be made by making such adjustments as the Company deems fair and appropriate and fair in its discretionorder that only Securities in denominations of $1,000 or integral multiples thereof shall be redeemed. The Optional Redemption Price shall be paid prior to 12:00 noon, New York time, on the date of such redemption or at such earlier time as the Company determines determines, provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price by 10:00 a.m., New York time, on the date such Optional Redemption Price is to be paid.

Appears in 1 contract

Samples: Indenture (Progress Capital Trust I)

Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c)3.2(b) and to the provisions of Article Eleven of the Indenture, except as otherwise may be specified in this First Supplemental Indenture, the Company shall have the right to redeem the Debentures, in whole or in part, from time to time, (i) on or after September 30_________, 2005____, upon not less than 30 days nor more than 60 days notice to the Holder of the Debentures [at a Redemption Price redemption price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon thereon, including Compounded Interest and Additional Interest, if any, to the date of such redemption; redemption (iithe "Optional Redemption Price").] [at the following redemption prices (expressed as a percentage of the principal amount of the Debentures being redeemed) plus accrued and unpaid interest thereon, including Compounded Interest and Additional Interest, if any, to the redemption date (in any such case, an "Optional Redemption Price"), if redeemed during the 12 month period commencing on or after September 30, 2003 but before September 30, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% __ of the principal to be redeemed plus any accrued years set forth below: Period Redemption Price ------ ---------------- 2008 104.665% 2009 104.199 2010 103.732 2011 103.266 2012 102.799 2013 102.333 2014 101.866 2015 101.400 2016 100.933 2017 100.467 and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125100% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentureson or after __________, at the Redemption Price. 2018] If the Debentures are only partially redeemed pursuant to this Section 3.3(a)3.2, the Debentures shall will be redeemed pro rata or by lot or by any other method utilized by the Trustee; provided, that if at the time of redemption the Debentures are registered as a Global Debenture, the Depository shall determine, in accordance with its procedures, the principal amount of such other manner as the Trustee shall deem appropriate and fair in its discretionDebentures held by each Debenture Holder to be redeemed. The Optional Redemption Price shall be paid prior to 12:00 noon, New York time, on the date of such redemption or at such earlier time as the Company determines determines, provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price by 10:00 a.m., New York time, on the date such Optional Redemption Price is to be paid.

Appears in 1 contract

Samples: Public Service Co of Colorado

Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c)3.2(b) and to the provisions of Article Eleven of the Indenture, except as otherwise may be specified in Section 3.1 or elsewhere in this First Supplemental Indenture, the Company shall have the right to redeem the Convertible Debentures, in whole or in part, from time to time, (i) on or after September 3017, 2005, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; (ii) on or after September 30, 2003 but before September 30, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption2000. Any redemption pursuant to this Section 3.3(a) shall paragraph will be made upon not less than 30 days' days nor more than 60 days' days notice to the holder Holder of the Convertible Debentures, at the following prices (expressed as percentages of the principal amount of the Convertible Debentures) (the "OPTIONAL REDEMPTION PRICE") together with accrued and unpaid interest, including Compounded and Additional Interest to, but excluding, the Redemption PriceDate, if redeemed during the 12-month period beginning September 15: Year Redemption Price ---- ---------------- 2000 103.00% 2001 102.50 2002 102.00 2003 101.50 2004 101.00 2005 100.50 and 100% if redeemed on or after September 15, 2006. If Convertible Debentures are redeemed on any March 15, June 15, September 15, or December 15, accrued and unpaid interest shall be payable to Holders of record on the relevant record date. So long as the corresponding Trust Preferred Securities are outstanding, the proceeds from the redemption of the Convertible Debentures will be used to redeem Trust Preferred Securities. If the Convertible Debentures are only partially redeemed pursuant to this Section 3.3(a)3.2, the Convertible Debentures shall will be redeemed pro rata PRO RATA or by lot or in such by any other manner as method utilized by the Trustee shall deem appropriate and fair in its discretionTrustee. The Optional Redemption Price shall be paid prior to 12:00 noon, New York time, on the date of such redemption Redemption Date or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price by 10:00 a.m., New York time, on the date such Optional Redemption Price is to be paid.

Appears in 1 contract

Samples: First Supplemental Indenture (Wendys International Inc)

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Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c)3.2(b) and to the provisions of Article XI of the Indenture, except as otherwise may be specified in this First Supplemental Indenture, the Company shall have the right to redeem the Convertible Debentures, in whole or in part, from time to time, (i) on or after September 30April 1, 20051999, or at any time in certain circumstances upon the occurrence of a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; (ii) on or after September 30, 2003 but before September 30, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemptionSpecial Event. Any redemption pursuant to this Section 3.3(a) shall paragraph will be made upon not less than 30 days' days nor more than 60 days' days notice to the holder Holder of the Convertible Debentures, at the following prices (expressed as percentages of the principal amount of the Convertible Debentures) (the "Optional Redemption Price") together with accrued and unpaid interest, including Additional interest to, but excluding, the redemption date, if redeemed during the 12-month period beginning April 1: Year Redemption Price ---- ---------------- 1999 2000 2001 2002 2003 2004 2005 2006 and thereafter The proceeds from the redemption of any of the Convertible Debentures will be used to redeem Convertible Preferred Securities. If the Convertible Debentures are only partially redeemed pursuant to this Section 3.3(a)3.2, the Convertible Debentures shall will be redeemed pro rata or by lot or by any other method utilized by the Trustee; provided, that if at the time of redemption the Convertible Debentures are registered as a Global Debenture, the Depositary shall determine, in accordance with its procedures, the principal amount of such other manner as the Trustee shall deem appropriate and fair in its discretionConvertible Debentures held by each Holder of Debenture to be redeemed. The Optional Redemption Price shall be paid prior to 12:00 noon, New York time, on the date of such redemption or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price by 10:00 a.m., New York time, on the date such Optional Redemption Price is to be paid.

Appears in 1 contract

Samples: Kmart Corp

Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c)10.2(b) and to the provisions of this Article X generally, except as otherwise may be specified in Section 10.1 or elsewhere in this Indenture, the Company shall have the right to redeem the Convertible Debentures, in whole or in part, from time to time, (i) on or after September May 30, 20052002. Any redemption pursuant to this paragraph will be made upon not less than 30 days nor more than 60 days notice to the Holders of the Convertible Debentures, at a Redemption Price price equal to 100% of the principal amount to be redeemed plus any of the Convertible Debentures (the "Optional Redemption Price") together with accrued and unpaid interest thereon (including Additional Sums, if any) to, but excluding, the redemption date. If Convertible Debentures are redeemed on any January 15, April 15, July 15 or October 15, accrued and unpaid interest shall be payable to holders of record on the relevant record date. The Company may not redeem fewer than all of the Outstanding Convertible Debentures unless all accrued and unpaid interest has been paid on all Convertible Debentures for all quarterly interest payment periods terminating on or prior to the date of such redemption; (ii) on or after September 30. So long as the corresponding Trust Securities are outstanding, 2003 but before September 30, 2004, at a Redemption Price equal to ____% the proceeds from the redemption of the principal amount to Convertible Debentures will be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect used to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentures, at the Redemption PriceTrust Securities. If the Convertible Debentures are only partially redeemed pursuant to this Section 3.3(a)10.2, the Convertible Debentures shall will be redeemed pro rata or by lot or in such other manner as the Trustee shall deem appropriate and fair in its discretionrata. The Optional Redemption Price Price, together with any required interest payment, shall be paid in immediately available funds prior to 12:00 noon, New York City time, on the redemption date of such redemption or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price Price, together with any required interest payment, by 10:00 a.m., New York City time, on the date such Redemption Price is amounts are to be paid. Partial redemptions must be in an amount not less than $25.00 principal amount of Convertible Debentures. If Convertible Debentures selected for partial redemption are converted in part before termination of the conversion right with respect to the portion of the Convertible Debentures so selected, the converted portion of the Convertible Debentures shall be deemed (so far as may be) to be the portion selected for redemption. Convertible Debentures (or portions thereof) which have been converted during a selection of Convertible Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Convertible Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Convertible Debenture. If any Convertible Debenture called for redemption is converted into Common Shares of the Company, any money deposited with the Trustee or with any Paying Agent or so segregated and held in trust for the redemption of such Convertible Debenture shall (subject to any right of the Holder of such Convertible Debenture or any Predecessor Convertible Debenture to receive interest as provided in the last paragraph of Section 2.9) be paid to the Company upon the Company's request or, if then held by the Company, shall be discharged from such trust.

Appears in 1 contract

Samples: Indenture (Wellsford Real Properties Inc)

Optional Redemption by Company. (a) Subject to the provisions of Section 3.3(c)3.2(b) and to the provisions of Article XI of the Base Indenture, except as otherwise may be specified in Section 3.1 or elsewhere in this First Supplemental Indenture, the Company shall have the right to redeem the Convertible Debentures, in whole or in part, from time to time, (i) on or after September 30November 4, 2005, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; (ii) on or after September 30, 2003 but before September 30, 2004, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (iii) on or after September 30, 2004 but before September 30, 2005, at a Redemption Price equal to ____% of the principal to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) and (iii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption2000. Any redemption pursuant to this Section 3.3(a) shall paragraph will be made upon not less than 30 days' days nor more than 60 days' days notice to the holder Holders of the Convertible Debentures, at the following prices (expressed as percentages of the principal amount of the Convertible Debentures) (the "OPTIONAL REDEMPTION PRICE") together with accrued and unpaid interest, including Compounded Interest to, but excluding, the Redemption PriceDate, if redeemed during the 12-month period beginning November 1: Year Redemption Price ---- ---------------- 2000 104.025 2001 103.450 2002 102.875 2003 102.300 2004 101.725 2005 101.150 2006 100.575 2007 and thereafter 100.000 If Convertible Debentures are redeemed on any February 1, May 1, August 1 and November 1, accrued and unpaid interest shall be payable to holders of record on the relevant Regular Record Date. So long as the corresponding Convertible Preferred Securities are outstanding, the proceeds from the redemption of the Convertible Debentures will be used to redeem Convertible Preferred Securities. If the Convertible Debentures are only partially redeemed pursuant to this Section 3.3(a)3.2, the Convertible Debentures shall will be redeemed pro rata or selected for redemption by lot or in such other manner as any method utilized by the Trustee shall deem appropriate and fair in its discretionTrustee. The Optional Redemption Price Price, together with any required interest payment, shall be paid prior to 12:00 noon, New York time, on the date of such redemption Redemption Date or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Redemption Price Price, together with any required interest payment, by 10:00 a.m., New York time, on the date such Redemption Price is amounts are to be paid.

Appears in 1 contract

Samples: Lomak Petroleum Inc

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