Optional Redemption by the Company. During any Daily Period or Weekly Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. On any Conversion Date or on the day following the end of a Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole or in part, less than all such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%
Appears in 2 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)
Optional Redemption by the Company. During any Daily Period or Weekly Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. On any Conversion Date or on the day following the end of a the Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole or in part, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%
Appears in 2 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)
Optional Redemption by the Company. During any Daily Period On or Weekly Periodprior to the Conversion Date, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after July 1, 1997, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in SECTION 3.07 hereof), at a the redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. On any After the Conversion Date or on the day following the end of a Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole or in part, less than all such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term PeriodDate, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Date, while a Book-Entry System is not in effect less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in SECTION 3.07 hereof), at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: Redemption Redemption Dates Prices ---------------- ------ First Optional Redemption Date through (and including) the day immediately preceding the first anniversary of the First Optional Redemption Date following November 30 102% First anniversary Anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date following November 30 101% Second anniversary Anniversary of the First Optional Redemption Date and thereafter 100%
Appears in 2 contracts
Samples: Indenture of Trust (Simmons Co /Ga/), Indenture of Trust (Simmons Co /Ga/)
Optional Redemption by the Company. During any Daily Period On or Weekly Periodprior to the Conversion Date, the Bonds Notes are subject to redemption by the Issuer, at the option of the Company, in whole at any time on or in part on any Interest Payment Dateafter May 1, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. On any Conversion Date or on the day following the end of a Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company1984, in whole or in part, less than all of such Bonds Notes to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 310 hereof), at a the redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term PeriodAfter the Conversion Date, the Bonds Notes are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Dateinterest payment date, less than all of such Bonds Notes to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 310 hereof), at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: Redemption Dates Prices ---------------- ------ First Optional Redemption Date through (and including) the day immediately preceding the first anniversary following 103% October 31 First Anniversary of the First Optional Redemption Date 102% First anniversary of through the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary following October 31 Second Anniversary of the First Optional Redemption Date 101% Second anniversary through the following October 31 Third Anniversary of the First Optional Redemption Date 100% and thereafter 100%Section 303. Conversion of Interest Rate on Conversion Date. The interest rate on the Notes shall be converted from the Floating Rate to the Fixed Rate upon the exercise by the Company of the Conversion Option, and the Notes shall be subject to mandatory tender by the Owners thereof on the Conversion Date. To exercise the Conversion Option, the Company shall instruct the Trustee to deliver or mail by first class mail a notice at least twenty (20) days but not more than sixty (60) days prior to the Conversion Date to the Owner of each Note at the address shown on the registration books. Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives the notice. Said notice shall state in substance the following:
1. The Conversion Date.
2. The Fixed Rate which will take effect on the Conversion Date.
3. That from and after the Conversion Date the Demand Purchase Option will not be available to Owners of Notes.
4. That all Owners of Notes who have not given notice of their desire to retain Notes as provided in this Section shall be deemed to have tendered their Notes for purchase on the Conversion Date.
5. That, if then in effect, the Letter of Credit will expire fifteen (15) days after the Conversion Date. Any Owner of Notes desiring to retain Notes after the Conversion Date must notify the Company and the Trustee in writing which notice must be received no later than fifteen (15) days prior to the Conversion Date. Said notice shall state in substance the following:
(a) The numbers and principal amounts of the Notes which the Owner thereof wishes to retain after the Conversion Date;
(b) That the Owner thereof recognizes that the events set forth in 1 through 5 above will occur;
(c) If the Letter of Credit is then in effect but will expire fifteen (15) days after the Conversion Date, that the Owner thereof recognizes that the rating, if any, assigned to the Notes based on the Letter of Credit will no longer apply to the Notes; and
(d) That the Owner thereof wishes to continue to own said Notes specified in (a) above after the Conversion Date. Owners of Notes not providing the Trustee and the Company with the notice described above shall be required to tender their Notes to the Trustee for purchase at the Purchase Price; provided, however, if the Principal Office of the Trustee is not in The City of New York, delivery of any Note may be made to an agent of the Trustee in The City of New York in accordance with the provisions of Section 314 hereof. Any Notes not so tendered on the Conversion Date ("Untendered Notes"), for which there has been irrevocably deposited in trust with the Trustee from the sources described in Section 311 an amount of moneys sufficient to pay the Purchase Price of the Untendered Notes, shall be deemed to have been purchased pursuant to this Section 303. IN THE EVENT OF A FAILURE BY AN OWNER OF NOTES (OTHER THAN AN OWNER OF NOTES WHO HAS GIVEN NOTICE AS PROVIDED ABOVE) TO TENDER ITS NOTES ON OR PRIOR TO THE CONVERSION DATE, SAID OWNER SHALL NOT BE ENTITLED TO ANY PAYMENT ( INCLUDING ANY INTEREST TO ACCRUE SUBSEQUENT TO THE CONVERSION DATE) OTHER THAN THE PURCHASE PRICE FOR SUCH UNTENDERED NOTES, AND ANY UNTENDERED NOTES SHALL NO LONGER BE ENTITLED TO THE BENEFITS OF THE INDENTURE, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE THEREFOR. At any time prior to the first interest payment date following the Conversion Date, an Owner of Notes who has given notice of its desire to continue to hold Notes as provided above may deliver said Notes to the Trustee, and upon such delivery, the Trustee shall exchange said Notes for replacement Notes in the form of Exhibit C hereto, as applicable. Such exchange shall be made by the Trustee without making any charge therefor to the Owner of such Note. As a condition to the giving of notice as provided in this Section 303, the Company shall provide the Trustee with an opinion of nationally recognized bond counsel to the effect that the proposed conversion of the interest rate on the Notes will not adversely affect the exemption of the interest on the Notes from federal income taxation.
Appears in 1 contract
Samples: Indenture of Trust (Plainwell Inc)
Optional Redemption by the Company. During any Daily Period or Weekly Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. On any Conversion Date or on the day following the end of a the Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole or in part, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%:
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Optional Redemption by the Company. During any Daily Period The Company may not redeem the Notes prior to March 20, 2026, except under the circumstances described in Section 16.01.
(a) On or Weekly Periodafter March 20, 2026, the Bonds are subject to redemption by Company may redeem for cash all or part of the IssuerNotes, at its option, if the option Last Reported Sale Price of the CompanyADSs has been at least 130% of the Conversion Price then in effect on (i) each of at least 20 Trading Days (whether or not consecutive) during the period of 30 consecutive Trading Days ending on, in whole at and including, the Trading Day immediately prior to the date the Company provides the Optional Redemption Notice and (ii) the Trading Day immediately preceding the date the Company provides the Optional Redemption Notice (such redemption, an “Optional Redemption”).
(b) In case the Company exercises its option to redeem all or, as the case may be, any time part of the Note, it shall fix a date for redemption (the “Optional Redemption Date”) and shall give the Trustee, Conversion Agent, Paying Agent and each Holder of the Notes not less than 45 Scheduled Trading Days’ but no more than 60 Scheduled Trading Days’ notice (an “Optional Redemption Notice”) prior to the Optional Redemption Date, and the redemption price (the “Optional Redemption Price”) will be equal to 100% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest, if any, to, but excluding, the Optional Redemption Date (unless the Optional Redemption Date falls after a Regular Record Date but on or in part on any prior to the immediately succeeding Interest Payment Date, less than all in which case the Company shall pay on the Interest Payment Date the full amount of accrued and unpaid interest, if any, to the holder of record as of the close of business on such Bonds Regular Record Date, and the Optional Redemption Price shall be equal to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount of the Notes to be redeemed). The Optional Redemption Date must be a Business Day. Each Optional Redemption Notice shall specify:
(i) the Optional Redemption Date;
(ii) the Optional Redemption Price;
(iii) the Settlement Method that will apply to all conversions with a Conversion Date that occurs on or after the date the Company sends such Optional Redemption Notice and before the close of business on the second Business Day immediately before the related Optional Redemption Date;
(iv) that on the Optional Redemption Date, the Optional Redemption Price will become due and payable for each Note to be redeemed, and that interest thereon, if any, shall cease to accrue on and after the Optional Redemption Date unless the Company defaults in the payment of the Optional Redemption Price;
(v) the place or places where the Notes subject to such redemption are to be surrendered for payment of the Optional Redemption Price;
(vi) that Holders of Called Notes may surrender their Called Notes for conversion at any time prior to the close of business on the second Business Day prior to the relevant Optional Redemption Date (unless the Company fails to pay the Optional Redemption Price, in which case a Holder of Notes may convert such Notes until the Business Day immediately preceding the date on which the Optional Redemption Price has been paid or duly provided for);
(vii) the Conversion Rate and, if applicable, the number of Additional ADSs added to the Conversion Rate in accordance with Section 14.03(g);
(viii) the CUSIP, ISIN or other similar numbers, if any, assigned to such Notes and that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number listed in such notice or printed on the Notes; and
(ix) in case any Note is to be redeemed in part only, the portion of the principal amount thereof plus accrued interest to be redeemed, and that upon surrender of such Note, a new Note in principal amount equal to the unredeemed portion thereof shall be issued. An Optional Redemption Notice shall be irrevocable. At the Company’s prior written request, the Trustee shall give the Optional Redemption Notice in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee not later than the close of business five Business Days prior to the date the Optional Redemption Notice is to be sent (but unless a shorter period shall be satisfactory to the Trustee), an Officer’s Certificate and a Company Order requesting that the Trustee give such Optional Redemption Notice together with the Optional Redemption Notice to be given setting forth the information to be stated therein as provided in the preceding paragraph. The Optional Redemption Notice, if given in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not includingthe Holder receives such notice. In any case, failure to give such Optional Redemption Notice or any defect in the Optional Redemption Notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the Optional Redemption of any other Note. If the Company decides to redeem fewer than all of the outstanding Notes, the aggregate principal amount of the Notes called for Optional Redemption must be US$200,000 or an integral multiple of US$200,000 in excess thereof, and, in the case of Physical Notes, the Trustee will select the Notes to be redeemed (in principal amounts of $200,000 or integral multiples of US$200,000 in excess thereof) by lot, on a pro rata basis or by another method the redemption date. On any Conversion Date or on Trustee considers to be fair and appropriate and, in the day following the end case of a Calculation Period if such day is Global Note, the end Notes to be redeemed shall be selected in accordance with, and subject to, DTC’s applicable procedures. If a portion of the Calculation Period Notes is selected (or deemed selected) for all Bondspartial Optional Redemption and such Holder converts a portion of such Notes, the Bonds are subject converted portion shall be deemed to redemption by be from the Issuerportion selected (or deemed selected) for Optional Redemption. In the event of any Optional Redemption in part, at the option Company shall not be required to register the transfer of the Companyor exchange any Note so selected for Optional Redemption, in whole or in part, less than all except the unredeemed portion of any such Bonds to be selected by lot or Note being redeemed in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%part.
Appears in 1 contract
Samples: Indenture (iQIYI, Inc.)
Optional Redemption by the Company. During any Daily Period or Weekly Period, (i) On and after the Bonds are subject to redemption by five (5) year anniversary of the IssuerOriginal Issuance Date, at the Company’s option and election and upon its compliance with this SECTION 5(d)(i), all (but not less than all) of the Company, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to then outstanding Convertible Preferred Shares may be selected by lot or in such other manner as the Trustee shall determine, redeemed at a price (the “Optional Redemption Price”) per Convertible Preferred Share equal to (a) 105% of the Liquidation Preference as of the Optional Redemption Date if such redemption price occurs prior to the six (6) year anniversary of the Original Issuance Date; (b) 103% of the Liquidation Preference as of the Optional Redemption Date if such redemption occurs after the six (6) year anniversary of the Original Issuance Date and prior to the seven (7) year anniversary of the Original Issuance Date; or (c) 100% of the Outstanding principal amount thereof plus accrued interest Liquidation Preference as of the Optional Redemption Date if such redemption occurs after the seven (7) year anniversary of the Original Issuance Date. The Company shall provide written notice (the “Optional Redemption Notice”) of such redemption pursuant to this SECTION 5(d), no less than ten (but not including10) days and no more than sixty (60) days prior to the date set for the redemption date. On any Conversion Date or on (the day following “Optional Redemption Date”) to the end holders of a Calculation Period if such day is the end record of the Calculation Period for all Bonds, Convertible Preferred Shares as they appear in the Bonds are subject to redemption by the Issuer, at the option records of the Company. The Optional Redemption Notice must state: (A) that the Convertible Preferred Shares have been called for redemption and, in whole or in partbriefly, less than all such Bonds to be selected by lot or in such other manner the optional redemption right; (B) the Optional Redemption Price as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole and the calculations supporting the specified Optional Redemption Price, (C) that the Convertible Preferred Shares may be converted at any time or in part before the Optional Redemption Date; (D) the name and address of the transfer agent; and (E) the name and address of the place to where the Convertible Preferred Shares are to be surrendered for payment of the Optional Redemption Price. The Company shall, on any Interest Payment the Optional Redemption Date, less than all pay the applicable Optional Redemption Price, upon surrender of such Bonds the certificates or DRS statements representing the Convertible Preferred Shares to be selected by lot or in such other manner as redeemed. Convertible Preferred Shares to be redeemed on the Trustee shall determine, at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through will, from and after such date, no longer be outstanding and the rights, privileges, restrictions and conditions attaching to the Convertible Preferred Shares (except the right to receive from the Company the applicable Optional Redemption Price) shall cease and including) terminate with respect to such shares; provided that in the day immediately preceding event that a Convertible Preferred Share is not redeemed due to a default in payment by the first anniversary Company, such Convertible Preferred Share will remain outstanding and will be entitled to all rights, privileges, restrictions and conditions attaching to the Convertible Preferred Shares as provided herein (including continued increases in Liquidation Preference at the applicable Accretion Rate). For greater certainty, the holders of the First Convertible Preferred Shares may, at any time prior to the Optional Redemption Date 102% First anniversary Date, elect to convert any or all of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%their Convertible Preferred Shares pursuant to SECTION 6(a).
Appears in 1 contract
Optional Redemption by the Company. During any Daily Period or Weekly Period(a) Subject to the terms of the Indenture, prior to August 4, 2034 (the date falling three months prior to the maturity date of the Notes) (the “Par Call Date”), the Bonds are subject to redemption by the IssuerNotes shall be redeemable in whole or in part, at the option of the Company’s option, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds and from time to be selected by lot or in such other manner as the Trustee shall determine, time at a redemption price of (the “Optional Redemption Price”) equal to the greater of:
(i) 100% of the Outstanding principal amount thereof of the Notes to be redeemed; and
(ii) an amount equal to the sum of the present values of the Remaining Scheduled Payments of principal and interest thereon that would have been payable in respect of the notes calculated as if the maturity date of the notes was the Par Call Date, not including any portion of any payments of interest accrued to the redemption date, discounted to such redemption date on an annual basis (ACTUAL/ACTUAL (ICMA)) at the applicable Comparable Government Bond Rate, plus 25 basis points, plus, in the case of each of (i) and (ii), accrued and unpaid interest to (on the notes, if any, to, but not including) , the redemption date. .
(b) On any Conversion Date or on after the day following Par Call Date, we may redeem the end of a Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuernotes, at the option of the Companyour option, in whole or in part, less than all such Bonds at any time from time to be selected by lot or in such other manner as the Trustee shall determinetime, at a redemption price of equal to 100% of the Outstanding principal amount thereof of the notes to be redeemed, plus accrued and unpaid interest to (on the notes, if any, to, but not including) , the redemption date. During any Long Term Period, .
(c) If the Bonds are subject to redemption by the Issuer, at the option of the Company, Redemption Date is after a Regular Record Date and on or after the First Optional Redemption Date, in whole at any time or in part on any prior to a corresponding Interest Payment Date, the full amount of accrued and unpaid interest due on such Interest Payment Date will be paid to the Holder of record at the close of business on the corresponding Regular Record Date. The Company’s actions and determinations in determining the redemption price shall be conclusive and binding for all purposes, absent manifest error. The Trustee shall not be responsible for the determination or calculation of the redemption price.
(d) Notice of any redemption shall be mailed (or otherwise electronically delivered) not less than 10 days and not more than 60 days prior to the Redemption Date to each Holder of Notes to be redeemed. In connection with any redemption of Notes, any such redemption may, at the Company’s discretion, be subject to one or more conditions precedent. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the Redemption Date may be delayed until such time as any or all such conditions shall be satisfied (or waived by the Company in its sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Company in its sole discretion) by the Redemption Date (whether the original Redemption Date or the Redemption Date so delayed). In addition, the Company may provide in such notice that payment of the Optional Redemption Price and performance of the Company’s obligations with respect to such redemption may be performed by another person.
(e) Unless the Company defaults in payment of the Optional Redemption Price, from and after the Redemption Date, interest shall cease to accrue on the Notes or portions thereof called for redemption. If less than all of such Bonds the Notes are to be redeemed, the Notes to be redeemed shall be selected by lot or and may provide for the selection for redemption of a portion of the principal amount of Notes held by a Holder equal to an authorized denomination. If the Company redeems less than all of the Notes and the Notes are then held in such other manner as the Trustee shall determinebook-entry form, at the redemption prices (expressed as percentages of principal amount) set forth will be made in accordance with the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%Depositary’s customary procedures.
Appears in 1 contract
Optional Redemption by the Company. During any Daily Period or Weekly PeriodPrior to April 19, 2026 (three months prior to their maturity date), the Bonds are subject to redemption by the Issuer, at the option of the CompanyNotes will be redeemable, in whole at any time or in part on from time to time, at the Company’s option at a redemption price equal to the greater of:
(i) 100% of the principal amount of the Notes to be redeemed; and
(ii) the sum of the present values of the remaining scheduled payments of principal and interest thereon (not including any Interest Payment Date, less than all portion of such Bonds payments of interest accrued but unpaid as of the date of redemption (the “Redemption Date”)), discounted to the Redemption Date on an annual basis (ACTUAL/ACTUAL (ICMA)), at the applicable Comparable Government Bond Rate, plus 35 basis points; plus, in each case, accrued and unpaid interest thereon, if any, to, but excluding, the Redemption Date. At any time on or after April 19, 2026 (three months prior to their maturity date), the Notes may be selected by lot redeemed in whole or in such other manner as part from time to time, at the Trustee shall determineCompany’s option, at a redemption price of equal to 100% of the Outstanding principal amount thereof of the Notes due to be redeemed plus accrued and unpaid interest thereon, if any, to, but excluding, the Redemption Date. Notwithstanding the foregoing, installments of interest on this Note that are due and payable on Interest Payment Dates falling on or prior to (but not including) a Redemption Date will be payable on the Interest Payment Date to the registered Holder of this Note as of the close of business on the Regular Record Date. In the event that this Note or a portion thereof is called for redemption date. On any Conversion or there is a Change of Control Repurchase Event, and the Redemption Date or on the day following the end Change of Control Repurchase Event payment date, as applicable, is subsequent to a Calculation Period if Regular Record Date with respect to any Interest Payment Date and prior to such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole or in part, less than all such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Date, less than all interest on this Note will instead be paid upon presentation and surrender of such Bonds to be selected by lot or in such other manner this Note as the Trustee shall determine, at the redemption prices (expressed as percentages of principal amount) set forth provided in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%Indenture.
Appears in 1 contract
Samples: Agency Agreement (Perkinelmer Inc)
Optional Redemption by the Company. During any Daily Period or Weekly Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. On any Conversion Date or on the day following the end of a the Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole or in part, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term PeriodPeriod that is greater than ten (10)years, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment DateBusiness Day, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the redemption prices (expressed as percentages of principal amount) set forth in the following table amount thereof plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through . During any Long Term Period that is not greater than ten (and including10) years, the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%Bonds are not subject to optional redemption.
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Optional Redemption by the Company. During any Daily Period or Weekly Period, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. On any Conversion Date or on the day following the end of a the Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject to redemption by the Issuer, at the option of the Company, in whole or in part, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest to (but not including) the redemption date. During any Long Term PeriodPeriod that is greater than ten (10) years, the Bonds are subject to redemption by the Issuer, at the option of the Company, on or after the First Optional Redemption Date, in whole at any time or in part on any Interest Payment DateBusiness Day, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determinedetermine (except as otherwise provided in Section 3.06 hereof), at a redemption price of 100% of the redemption prices (expressed as percentages of principal amount) set forth in the following table amount thereof plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through . During any Long Term Period that is not greater than ten (and including10) years, the day immediately preceding the first anniversary of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%Bonds are not subject to optional redemption.
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)
Optional Redemption by the Company. During any Daily Period The Company may not redeem the Notes prior to February 6, 2024, except under the circumstances described in Section 16.01.
(a) On or Weekly Periodafter February 6, 2024 and on or prior to the 20th Scheduled Trading Day immediately prior to the Maturity Date, the Bonds are subject to redemption by Company may redeem for cash all or part of the IssuerNotes, at its option, if the option Last Reported Sale Price of the CompanyADSs has been at least 130% of the Conversion Price then in effect on (i) each of at least 20 Trading Days (whether or not consecutive) during the period of 30 consecutive Trading Days ending on, in whole at and including, the Trading Day immediately prior to the date the Company provides notice of redemption and (ii) the Trading Day immediately preceding the date the Company sends such notice.
(b) In case the Company exercises its option to redeem all or, as the case may be, any time part of the Note, it shall fix a date for redemption (the “Optional Redemption Date”) and shall give the Holders, Trustee, Conversion Agent, Paying Agent and each Holder of the Notes not less than 30 Scheduled Trading Days’ but no more than 40 Scheduled Trading Days’ notice (an “Optional Redemption Notice”) prior to the Optional Redemption Date, and the Redemption Price will be equal to 100% of the principal amount of the Notes to be redeemed, plus accrued and unpaid Additional Interest, if any, to, but excluding, the Optional Redemption Date (unless the Optional Redemption Date falls after an Additional Interest Record Date but on or in part on any prior to the immediately succeeding Additional Interest Payment Date, less than all in which case the Company shall pay on the Additional Interest Payment Date the full amount of accrued and unpaid Additional Interest, if any, to the holder of record as of the close of business on such Bonds Additional Interest Record Date, and the Redemption Price shall be equal to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount of the Notes to be redeemed). The Optional Redemption Date must be a Business Day. The Company shall send to each Holder written Optional Redemption Notice containing certain information set forth in this Indenture, including:
(i) the Optional Redemption Date;
(ii) the Redemption Price;
(iii) the Settlement Method that will apply to all conversions with a Conversion Date that occurs on or after the date the Company sends such Optional Redemption Notice and before the close of business on the second Business Day immediately before the related Optional Redemption Date;
(iv) that on the Optional Redemption Date, the Redemption Price will become due and payable for each Note to be redeemed, and that interest thereon, if any, shall cease to accrue on and after the Optional Redemption Date unless the Company defaults in the payment of the Redemption Price;
(v) the place or places where the Notes subject to such redemption are to be surrendered for payment of the Redemption Price;
(vi) that Holders may surrender Notes for conversion at any time prior to the close of business on the second Business Day prior to the Optional Redemption Date (unless the Company fails to pay the Redemption Price, in which case a Holder of Notes may convert such Notes until the Business Day immediately preceding the date on which the Redemption Price has been paid or duly provided for);
(vii) the Conversion Rate and, if applicable, the number of Additional ADSs added to the Conversion Rate in accordance with Section 14.03;
(viii) the CUSIP, ISIN or other similar numbers, if any, assigned to such Notes and that no representation is made as to the correctness or accuracy of the CUSIP or ISIN number listed in such notice or printed on the Notes; and
(ix) in case any Note is to be redeemed in part only, the portion of the principal amount thereof plus accrued interest to be redeemed, and that upon surrender of such Note, a new Note in principal amount equal to the unredeemed portion thereof shall be issued. An Optional Redemption Notice shall be irrevocable. At the Company’s prior written request, the Trustee shall give the Optional Redemption Notice in the Company’s name and at its expense; provided, however, that the Company shall have delivered to the Trustee not later than the close of business five Business Days prior to the date the Redemption Notice is to be sent (but unless a shorter period shall be satisfactory to the Trustee), an Officer’s Certificate and a Company Order requesting that the Trustee give such Optional Redemption Notice together with the Optional Redemption Notice to be given setting forth the information to be stated therein as provided in the preceding paragraph. The Optional Redemption Notice, if given in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not includingthe Holder receives such notice. In any case, failure to give such Optional Redemption Notice or any defect in the Optional Redemption Notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the Optional Redemption of any other Note. If the Company decides to redeem fewer than all of the outstanding Notes, the Trustee will select the Notes to be redeemed (in principal amounts of $1,000 or multiples thereof) by lot, on a pro rata basis or by another method the redemption date. On any Conversion Date or on Trustee considers to be fair and appropriate and, in the day following the end case of a Calculation Period if Global Note, in accordance with, and subject to, DTC’s applicable procedures. If the Trustee selects a portion of a Holder’s Notes for partial redemption and such day is the end Holder converts a portion of the Calculation Period for all Bondssuch Notes, the Bonds are subject converted portion shall be deemed to be from the portion selected for redemption. In the event of any redemption by in part, the Issuer, at Company shall not be required to register the option transfer of the Companyor exchange any Note so selected for redemption, in whole or in part, less than all except the unredeemed portion of any such Bonds to Note being redeemed in part. No Notes may be selected by lot or in such other manner as redeemed if the Trustee shall determine, at a redemption price of 100% principal amount of the Outstanding principal amount thereof plus accrued interest to (but Notes has been accelerated, and such acceleration has not including) the redemption date. During any Long Term Period, the Bonds are subject to redemption by the Issuer, at the option of the Companybeen rescinded, on or after prior to the First Optional Redemption Date, in whole at any time or in part on any Interest Payment Date, less than all of such Bonds to be selected by lot or in such other manner as the Trustee shall determine, at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) except in the day immediately preceding case of an acceleration resulting from a default by the first anniversary Company in the payment of the First Optional Redemption Date 102% First anniversary of the First Optional Redemption Date through (and including) the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%Price with respect to such Notes).
Appears in 1 contract
Samples: Indenture (NIO Inc.)
Optional Redemption by the Company. During any Daily Period The Company may not redeem the Notes prior to February 6, 2024, except under the circumstances described in Section 16.01.
(a) On or Weekly Periodafter February 6, 2024 and on or prior to the 40th Scheduled Trading Day immediately prior to the Maturity Date, the Bonds are subject to redemption by Company may redeem for cash all or any portion of the IssuerNotes, at its option, if the option Last Reported Sale Price of the CompanyADSs has been at least 130% of the Conversion Price then in effect on (i) each of at least 20 Trading Days (whether or not consecutive) during the period of 30 consecutive Trading Days ending on, in whole at and including, the Trading Day immediately prior to the date the Company provides a notice of redemption and (ii) the Trading Day immediately preceding the date the Company sends such notice.
(b) In case the Company exercises its option to redeem all or, as the case may be, any time or in part on any Interest Payment of the Note, it shall fix a date for redemption (the “Optional Redemption Date”) and shall give the Holders, Trustee, Conversion Agent, Paying Agent and each Holder of the Notes not less than 50 Scheduled Trading Days’ but no more than 60 Scheduled Trading Days’ notice (an “Optional Redemption Notice”) prior to the Optional Redemption Date, less than all of such Bonds to be selected by lot or in such other manner as and the Trustee shall determine, at a redemption price of (the “Redemption Price”) will be equal to 100% of the Outstanding principal amount thereof of the Notes to be redeemed, plus accrued interest to (and unpaid Special Interest, if any, to, but not including) the redemption date. On any Conversion Date or on the day following the end of a Calculation Period if such day is the end of the Calculation Period for all Bonds, the Bonds are subject Optional Redemption Date (unless the Optional Redemption Date falls after a Special Interest Record Date but on or prior to redemption by the Issuer, at the option of the CompanySpecial Interest Payment Date to which such Special Interest Record Date relates, in whole which case the Company shall instead pay on, or in partat its election, less than all before the Special Interest Payment Date the full amount of accrued and unpaid Special Interest, if any, to the holder of record on such Bonds Special Interest Record Date, and the Redemption Price shall be equal to be selected by lot or in such other manner as the Trustee shall determine, at a redemption price of 100% of the Outstanding principal amount thereof plus accrued interest of the Notes to be redeemed). The Optional Redemption Date must be a Business Day. The Company shall send to each Holder and the Trustee written Optional Redemption Notice containing certain information set forth in this Indenture, including:
(but not includingi) the redemption date. During any Long Term Period, Optional Redemption Date;
(ii) the Bonds are subject Redemption Price;
(iii) the Settlement Method that will apply to redemption by the Issuer, at the option of the Company, all conversions with a Conversion Date that occurs on or after the First date the Company sends such Optional Redemption Notice and before the close of business on the second Business Day immediately before the related Optional Redemption Date;
(iv) that on the Optional Redemption Date, the Redemption Price will become due and payable for each Note to be redeemed, and that Special Interest thereon, if any, shall cease to accrue on and after the Optional Redemption Date unless the Company defaults in whole the payment of the Redemption Price;
(v) the place or places where the Notes subject to such redemption are to be surrendered for payment of the Redemption Price;
(vi) that Holders may surrender Notes for conversion at any time or in part prior to the close of business on any Interest Payment Date, less than all of such Bonds the second Business Day prior to be selected by lot or in such other manner as the Trustee shall determine, at the redemption prices (expressed as percentages of principal amount) set forth in the following table plus accrued interest to (but not including) the redemption date: First Optional Redemption Date through (and including) unless the day Company fails to pay the Redemption Price, in which case a Holder of Notes may convert such Notes until the Business Day immediately preceding the first anniversary date on which the Redemption Price has been paid or duly provided for);
(vii) the Conversion Rate and, if applicable, the number of Additional ADSs added to the Conversion Rate in accordance with Section 14.03;
(viii) the CUSIP, ISIN or other similar numbers, if any, assigned to such Notes and that no representation is made as to the correctness or accuracy of the First Optional Redemption Date 102% First anniversary CUSIP or ISIN number listed in such notice or printed on the Notes; and
(ix) in case any Note is to be redeemed in part only, the portion of the First Optional Redemption Date through (principal amount thereof to be redeemed, and including) that upon surrender of such Note, a new Note in principal amount equal to the day immediately preceding the second anniversary of the First Optional Redemption Date 101% Second anniversary of the First Optional Redemption Date and thereafter 100%unredeemed portion thereof shall be issued.
Appears in 1 contract
Samples: Indenture (21Vianet Group, Inc.)