Common use of Partial Redemption of Debentures Clause in Contracts

Partial Redemption of Debentures. 3.2 In case less than all the Debentures are to be redeemed, the Corporation shall in each such case, at least thirty (30) days before the date upon which the notice of redemption is to be given, notify the Trustee by written direction of the Corporation of its intention to redeem Debentures and of the aggregate principal amount of Debentures so to be redeemed. The Debentures so to be redeemed shall be selected by lot by the Trustee or on a pro-rata basis or in such other manner as the Trustee may deem equitable. For this purpose, the Trustee may make, and from time to time amend, regulations with regard to the manner in which such Debentures may be so selected and regulations so made shall be valid and binding upon all holders of Debentures notwithstanding the fact that, as a result thereof, one or more of such Debentures become subject to redemption in part only. Debentures in denominations in excess of $1,000.00 may be selected and called for redemption in part only (such part being $1,000.00 on an integral multiple thereof) and unless the context otherwise requires, references to Debentures in this Section 3 shall be deemed to include any such part of the principal amount of Debentures which shall have been so selected and called for redemption. The holder of any Debenture called for redemption in part only, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such holder, one or more new Debentures for the unredeemed part of the Debenture so surrendered, and the Corporation shall execute and the Trustee shall certify and deliver, at the expense of the Corporation, such new Debenture or Debentures upon receipt from the paying agent of the Debenture so surrendered.

Partial Redemption of Debentures. 3.2 In case less than all of the outstanding Series 6 Debentures are to be redeemed, the Corporation Company shall in each such case, at least thirty (30) 15 business days before the date upon which the notice of redemption is required to be given, notify the Trustee by written direction of the Corporation Fiscal Agent in writing of its intention to redeem Debentures and of the aggregate principal amount of the Debentures so to be redeemed. The Debentures so to be redeemed shall be selected by lot by the Trustee or on a pro-pro rata basis or in such other manner as the Trustee may deem equitable. For this purpose, the Trustee may make, and from time to time amend, regulations with regard (to the manner in which such Debentures may be so selected and regulations so made shall be valid and binding upon all holders of Debentures notwithstanding the fact that, as a result thereof, one or more of such Debentures become subject to redemption in part only. Debentures in denominations in excess nearest multiple of $1,000.00 may be selected and called for redemption 100) in part only (such part being $1,000.00 on an integral multiple thereof) and unless the context otherwise requires, references to Debentures in this Section 3 shall be deemed to include any such part of accordance with the principal amount of the Series 6 Debentures which shall have been so selected and called for registered in the name of each holder. In the case of partial redemption, Debentures may be redeemed only in denominations of $100 or any whole multiple thereof. The holder of any Debenture called for redemption in part only, upon surrender of such Debenture for paymentpayment as required by Section 4.6 of the Principal Indenture, shall be entitled to receive, without expense to such holder, one or more new Series 6 Debentures for the unredeemed part of the Debenture so surrendered, surrendered and the Corporation shall execute and the Trustee Fiscal Agent shall certify and deliver, at the expense of the Corporation, deliver such new Debenture or Debentures upon receipt from the paying agent of the Debenture Debentures so surrendered; or at the option of such holder, the Company shall return the Debenture to the holder after making notation thereon of the portion of the principal amount thereof so redeemed and the balance of the principal outstanding. In the alternative, payment of the applicable Redemption Price of any portion of any Series 6 Debenture may be made to the registered holder thereof without presentation or surrender thereof to the Fiscal Agent and such registered holder may be requested to make the notation thereon if there shall have been an agreement between the Company and such registered holder, (or the owner whose nominee the registered holder is) to the effect thereof. Unless the context otherwise requires, the word “Debenture” or “Debentures” as used in this Article 4 shall be deemed to mean and include any part of the principal amount of any Series 6 Debenture which in accordance with the foregoing provisions has become subject to redemption.

Partial Redemption of Debentures. 3.2 In case less than all of the outstanding Debentures are to be redeemed, the Corporation Company shall in each such case, at least thirty (30) ten business days before the date upon which the notice of redemption Redemption Notice is required to be given, notify the Trustee by written direction of the Corporation in writing of its intention to redeem Debentures and of the aggregate principal amount of Debentures so to be redeemed. The Debentures so to be redeemed shall may be selected on a pro rata basis (to the nearest multiple of $1,000) in accordance with the principal amount of Debentures registered in the name of each holder, by lot by the Trustee Trustee, or on a pro-rata basis or in by such other manner as method that complies with the requirements of the Toronto Stock Exchange, or any other stock exchange on which the Debentures are listed or quoted and that the Trustee may deem equitable. For this purpose, purpose the Trustee may make, and from time to time amend, make regulations with regard to the manner in which such Debentures may be so selected and regulations so made shall be valid and binding upon all holders of Debentures notwithstanding the fact that, as a result thereof, one or more of such Debentures become subject to redemption in part onlyDebenture holders. Debentures in of denominations in excess of $1,000.00 1,000 may be selected and called for redemption in part only (such part being $1,000.00 on 1,000 or an integral multiple thereof) and and, unless the context otherwise requires, references to Debentures in this Section Article 3 shall be deemed to include any such part of the principal amount of Debentures which shall have been so selected and called for redemption. The holder of any Debenture called for redemption in part only, upon surrender of such Debenture for paymentpayment as required by section 3.7, shall be entitled to receive, without expense to such holder, one or more new Debentures for the unredeemed part of the Debenture so surrendered, and the Corporation shall execute and the Trustee shall certify and deliver, at the expense of the Corporation, deliver such new Debenture or Debentures upon receipt from the paying agent of the Debenture Debentures so surrendered.

Partial Redemption of Debentures. 3.2 In case If less than all the outstanding Debentures are to be redeemed, the Corporation shall in each such case, at least thirty (30) 15 days before the date upon which the notice of redemption is to be given, notify the Trustee by written direction Written Direction of the Corporation of its intention to redeem Debentures and of the aggregate principal amount of Debentures so to be redeemed. The Debentures so to be redeemed shall be selected by lot by the Trustee or on a pro-rata basis or in such other manner as the Trustee may deem consider equitable, provided that such selection shall be proportionate (to the nearest $1,000). For this purpose, the Trustee may make, and from time to time amend, regulations with regard to the manner in which such Debentures may be so selected and regulations so made shall be valid and binding upon all holders Holders of Debentures notwithstanding the fact that, as a result thereof, one or more of such Debentures become subject to redemption in part only. Debentures in denominations in excess of $1,000.00 1,000 may be selected and called for redemption in part only (such part being $1,000.00 on 1,000 or an integral multiple thereof) and and, unless the context otherwise requires, references to Debentures in this Section 3 shall Article Three be deemed to include any such part of the principal amount of Debentures which shall have been so selected and called for redemption. The holder Holder of any Debenture called for redemption in part only, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such holderHolder, one or more a new Debentures Debenture for the unredeemed part of the Debenture so surrendered, and the Corporation shall execute and the Trustee shall certify and deliver, at the expense of the Corporation, such new Debenture or Debentures upon receipt from the paying agent of the Debenture so surrendered.

Partial Redemption of Debentures. 3.2 In case (1) If less than all the Debentures are to be redeemed, the Corporation shall in each such case, at least thirty (30) 15 days before the date upon which the notice of redemption is to be givengiven pursuant to section 3.4, notify the Trustee by written direction Written Direction of the Corporation of its intention to redeem Debentures and of the aggregate principal amount of Debentures so to be redeemed. If at the time of giving such notice the Corporation has determined that it will exercise its right pursuant to section 3.9 to satisfy its obligation hereunder to pay the aggregate principal amount payable to the Holders of Debentures on redemption by the issue to such Holders of Common Shares, the Corporation will, at the time of notifying the Trustee of its intention to redeem Debentures as provided in this section, notify the Trustee regarding such determination, provided that such notification will be without prejudice to the right of the Corporation to thereafter determine not to exercise such right. The Debentures so to be redeemed shall be selected redeemed on a pro rata basis or drawn by lot or otherwise selected by the Trustee or on a pro-rata basis or in such other manner as the Trustee Trustee, in its discretion, may deem consider equitable, provided that if an Event of Default hereunder has occurred and is continuing on the date of such selection, such selection shall be proportionate to the principal amount of Debentures held (to the nearest $1,000). For this purpose, the Trustee may make, and from time to time amendamend or vary, regulations with regard respect to the manner in which such Debentures may be so selected and regulations so made shall be valid and binding upon all holders Holders of Debentures notwithstanding 144554\0512933.WP the fact that, as a result thereof, one or more of such Debentures become subject to redemption in part only. Debentures in denominations in excess of $1,000.00 may be selected and called for redemption in part only (such part being $1,000.00 on an integral multiple thereof) and unless the context otherwise requires, references to Debentures in this Section 3 shall be deemed to include any such part of the principal amount of Debentures which shall have been so selected and called for redemption. The holder of any Debenture called for redemption in part only, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such holder, one or more new Debentures for the unredeemed part of the Debenture so surrendered, and the Corporation shall execute and the Trustee shall certify and deliver, at the expense of the Corporation, such new Debenture or Debentures upon receipt from the paying agent of the Debenture so surrendered.

Partial Redemption of Debentures. 3.2 In case less than all of the outstanding Debentures of any series are to be redeemed, the Corporation Company shall in each such case, at least thirty (30) 15 business days before the date upon which the notice of redemption is required to be given, notify the Trustee by written direction of the Corporation Fiscal Agent in writing of its intention to redeem Debentures and of the aggregate principal amount of Debentures so to be redeemed. The Debentures so to be redeemed shall be selected by lot by the Trustee or on a pro-pro rata basis or in such other manner as the Trustee may deem equitable. For this purpose, the Trustee may make, and from time to time amend, regulations with regard (to the manner in which such Debentures may be so selected and regulations so made shall be valid and binding upon all holders of Debentures notwithstanding the fact that, as a result thereof, one or more of such Debentures become subject to redemption in part only. Debentures in denominations in excess nearest integral multiple of $1,000.00 may be selected and called for redemption 100 or $76) in part only (such part being $1,000.00 on an integral multiple thereof) and unless the context otherwise requires, references to Debentures in this Section 3 shall be deemed to include any such part of accordance with the principal amount of Debentures which shall have been so selected and called for registered in the name of each holder. In the case of a partial redemption, Debentures may be redeemed only in denominations of $100 or $76 or any whole multiple thereof. The holder of any Debenture called for redemption in part only, upon surrender of such Debenture for paymentpayment as required by Section 4.7, shall be entitled to receive, without expense to such holder, one or more new Debentures of the same series and tenor, for the unredeemed part of the Debenture so surrendered, and the Corporation shall execute and the Trustee Fiscal Agent shall certify and deliver, at the expense of the Corporation, deliver such new Debenture or Debentures upon receipt from the paying agent of the Debenture Debentures so surrendered; or, at the option of such Holder, the Company shall return the Debenture to the holder after making notation thereon of the portion of the principal amount thereof so redeemed and the balance of the principal amount outstanding. In the alternative, payment of the applicable Redemption Price of any portion of any Debenture may be made to the registered holder thereof without presentation or surrender thereof to the Fiscal Agent and such registered holder may be requested to make the notation thereon if there shall have been an agreement between the Company and such registered holder, (or the owner whose nominee the registered holder is) to the effect thereof. Unless the context otherwise requires, the word "Debenture" or "Debentures" as used in this Article 4 shall be deemed to mean and include any part of the principal amount of any Debenture which in accordance with the foregoing provisions has become subject to redemption.

Partial Redemption of Debentures. 3.2 In case If less than all of the Debentures of a Series for the time being outstanding are to be redeemed, the Corporation shall in each such caseshall, at least thirty (30) 30 days and not more than 60 days before the date upon which the notice of redemption is to be givengiven to Holders of such Debentures, notify the Trustee by written direction Trustees in writing of the Corporation of its Corporation’s intention to redeem Debentures of such Series and of the aggregate principal amount of Debentures so to be redeemed. The Debentures so to be redeemed shall be selected by lot by the Trustee or Trustees on a pro-pro rata basis (to the nearest multiple of $1,000) in accordance with the principal amount of Debentures of such Series registered in the name of each Holder or in by lot or by such other manner means as the Trustee Trustees may deem equitableequitable and expedient. For this purpose, purpose the Trustee Trustees may make, and from time to time amend, make regulations with regard to the manner in which such Debentures may be so selected selected, and regulations so made shall be valid and binding upon all holders of Debentures notwithstanding the fact that, as a result thereof, one or more of such Debentures become subject to redemption in part onlyDebentureholders. Debentures in denominations in excess of $1,000.00 1,000 may be selected and called for redemption in part only (such part being $1,000.00 on 1,000 or an integral multiple thereof) and ), and, unless the context otherwise requires, references reference to Debentures in this Section 3 Article 5 shall be deemed to include any such part of the principal amount of Debentures which shall have been so selected and called for redemption. The holder Holder of any Debenture called for redemption in part only, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such holderHolder, one or more new Debentures for the unredeemed part of the Debenture so surrendered, and the Corporation shall execute and the Trustee Trustees shall certify and deliver, at the expense of the Corporation, deliver such new Debenture or Debentures upon receipt from the paying agent of the Debenture so surrendered.. [A&R INDENTURE_FINCO & BNY CANADA & BNY USA]