Common use of Partial Redemption of Debentures Clause in Contracts

Partial Redemption of Debentures. (a) If less than all the Outstanding Debentures are to be redeemed pursuant to section 3.1, the Corporation shall, in each such case, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Indenture Trustee by a Written Order of its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is to be given, the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, be redeemed on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holder, (ii) by lot in such manner as the Indenture Trustee may deem equitable, or (iii) in such other manner as the Indenture Trustee may deem equitable. (c) Debentures in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this 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 payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 2 contracts

Samples: Indenture (Student Transportation Inc.), Indenture (Student Transportation Inc.)

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Partial Redemption of Debentures. (a) If less than all the Outstanding outstanding Debentures are to be redeemed pursuant to section 3.15.1, the Corporation shall, Company shall in each such case, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Indenture Debenture Trustee by a Written Order Direction of the Company, of its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is to be given, the Corporation Company may revoke such intention by notifying the Debenture Trustee by a Written Order by delivering a second Written Order to Direction of the Indenture Trustee stating Company, that the Corporation Company no longer intends to make a partial redemption of the Debentures. (b) . The Debentures to be so redeemed shall: (ia) in the case of Book-Entry Only Global Debentures, be redeemed on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Outstanding DebenturesDebentures outstanding; or (iib) in the case of Definitive Debentures which are not Global Debentures, be selected by the Indenture Debenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holder, (ii) by lot in such manner as the Indenture Debenture Trustee may deem equitable, or (iii) in such other manner as the Indenture Debenture Trustee may deem equitable. (c) . Debentures in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this Article 3 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 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, a replacement new Debenture for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Company shall execute and the Debenture Trustee shall certify and deliver deliver, at the expense of the Company, such replacement new Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Debenture Indenture (New Gold Inc. /FI)

Partial Redemption of Debentures. (a) If In case less than all of the Outstanding outstanding Series 11 Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, Company shall in each such case, at least 15 business days before the date upon which the Redemption Notice notice of redemption is required to be given, notify the Indenture Trustee by a Written Order Fiscal Agent in writing of its intention to redeem such Debentures and of the aggregate principal amount of the Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is to be given, the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, shall be redeemed selected on a pro pro-rata basis (to the nearest multiple of $1,000 100) in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Series 11 Debentures registered in the name of each Holderholder. In the case of partial redemption, (ii) by lot in such manner as the Indenture Trustee Debentures may deem equitable, or (iii) in such other manner as the Indenture Trustee may deem equitable. (c) Debentures be redeemed only in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 100 or an integral any whole multiple thereof) and, unless the context otherwise requires, references to Debentures in this 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 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 Holderholder, a replacement Debenture one or more new Series 11 Debentures for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, surrendered and the Indenture Trustee Fiscal Agent shall certify and deliver such replacement new Debenture or Debentures upon receipt 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 11 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 11 Debenture which in accordance with the foregoing provisions has become subject to redemption.

Appears in 1 contract

Samples: Supplemental Indenture

Partial Redemption of Debentures. (a) If less than all the Outstanding outstanding Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, shall in each such case, at least 15 days before the date upon which the Redemption Notice notice of redemption is to be given, notify the Indenture Trustee by a Written Order Direction of the Corporation of its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice notice of redemption is to be given, the Corporation may revoke such Written Order Direction of the Corporation by delivering a second Written Order Direction of the Corporation to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, may be redeemed selected on a pro rata basis (to the nearest multiple of $1,000 1,000) in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holder, (ii) by lot in such manner as the Indenture Trustee Holder or may deem equitable, or (iii) be selected in such other manner as the Indenture Trustee may deem consider equitable, subject to approval or consent of the TSE and any other applicable regulatory approval or consent. 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 the Debentureholders, notwithstanding the fact that, as a result thereof, one or more of such Debentures becomes subject to redemption in part only. (c) Debentures in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this 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 payment, payment shall be entitled to receive, without expense to such Holder, a replacement new Debenture for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Corporation shall execute and the Trustee shall certify and deliver deliver, at the expense of the Corporation, such replacement new Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Trust Indenture (Certicom Corp)

Partial Redemption of Debentures. (a) If less than all the Outstanding Debentures are to be redeemed pursuant to section 3.1, the Corporation shall, Company shall in each such case, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Indenture Trustee by a Written Company Order of its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is to be given, the Corporation Company may revoke such Written Company Order by delivering a second Written Company Order to the Indenture Trustee stating that the Corporation Company no longer intends to make a partial redemption of the Debentures. (b) . The Debentures to be so redeemed shall: (ia) in the case of Book-Entry Only Debentures, be redeemed on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Outstanding DebenturesDebentures Outstanding; or (iib) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holder, (ii) by lot in such manner as the Indenture Trustee may deem equitable, or (iii) in such other manner as the Indenture Trustee may deem equitable. (c) . Debentures in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this Article 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 payment, shall be entitled to receive, without expense to such Holder, a replacement new Debenture for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Company shall execute and the Indenture Trustee shall certify and deliver deliver, at the expense of the Company, such replacement new Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Indenture (Alamos Gold Inc)

Partial Redemption of Debentures. (a1) If less than all the Outstanding Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, shall in each such case, at least 15 days before the date upon which the Redemption Notice notice of redemption is to be givengiven pursuant to section 3.4, notify the Indenture Trustee by a Written Order Direction of the Corporation of its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. At any If at the time prior 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 date upon which Holders of Debentures on redemption by the Redemption Notice is issue to be givensuch Holders of Common Shares, the Corporation may revoke will, at the time of notifying the Trustee of its intention to redeem Debentures as provided in this section, notify the Trustee regarding such Written Order by delivering a second Written Order determination, provided that such notification will be without prejudice to the Indenture Trustee stating that right of the Corporation no longer intends to make a partial redemption of the Debentures. (b) thereafter determine not to exercise such right. The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, shall be redeemed on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be or drawn by lot or otherwise selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holder, (ii) by lot in such manner as the Indenture Trustee, in its discretion, may 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 deem equitablemake, and from time to time amend or (iii) vary, regulations with respect to the manner in which such other manner Debentures may be so selected and regulations so made shall be valid and binding upon all Holders of Debentures notwithstanding 144554\0512933.WP the fact that, as the Indenture Trustee may deem equitablea result thereof, one or more of such Debentures become subject to redemption in part only. (c2) Debentures in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this 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 payment, shall be entitled to receive, without expense to such Holder, a replacement new Debenture for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Corporation shall execute and the Trustee shall certify and deliver deliver, at the expense of the Corporation, such replacement new Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Trust Indenture (Dakota Mining Corp)

Partial Redemption of Debentures. (a) If In case less than all of the Outstanding outstanding Series 6 Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, Company shall in each such case, at least 15 business days before the date upon which the Redemption Notice notice of redemption is required to be given, notify the Indenture Trustee by a Written Order Fiscal Agent in writing of its intention to redeem such Debentures and of the aggregate principal amount of the Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is to be given, the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, shall be redeemed selected on a pro rata basis (to the nearest multiple of $1,000 100) in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Series 6 Debentures registered in the name of each Holderholder. In the case of partial redemption, (ii) by lot in such manner as the Indenture Trustee Debentures may deem equitable, or (iii) in such other manner as the Indenture Trustee may deem equitable. (c) Debentures be redeemed only in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 100 or an integral any whole multiple thereof) and, unless the context otherwise requires, references to Debentures in this 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 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 Holderholder, a replacement Debenture one or more new Series 6 Debentures for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, surrendered and the Indenture Trustee Fiscal Agent shall certify and deliver such replacement new Debenture or Debentures upon receipt 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.

Appears in 1 contract

Samples: Supplemental Indenture

Partial Redemption of Debentures. (a) If In case less than all of the Outstanding outstanding Debentures of any series are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, Company shall in each such case, at least 15 business days before the date upon which the Redemption Notice notice of redemption is required to be given, notify the Indenture Trustee by a Written Order Fiscal Agent in writing of its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is to be given, the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, shall be redeemed selected on a pro rata basis (to the nearest integral multiple of $1,000 100 or $76) in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holderholder. In the case of a partial redemption, (ii) by lot in such manner as the Indenture Trustee Debentures may deem equitable, or (iii) in such other manner as the Indenture Trustee may deem equitable. (c) Debentures be redeemed only in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being 100 or $1,000 76 or an integral any whole multiple thereof) and, unless the context otherwise requires, references to Debentures in this 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 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 Holderholder, a replacement Debenture for and evidencing one or more new Debentures of the same obligation as series and tenor, for the unredeemed part of the Debenture so surrendered, and the Indenture Trustee Fiscal Agent shall certify and deliver such replacement new Debenture or Debentures upon receipt 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.

Appears in 1 contract

Samples: Indenture

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Partial Redemption of Debentures. (a) If 3.2 In case less than all the Outstanding Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, shall in each such case, at least 15 thirty (30) days before the date upon which the Redemption Notice notice of redemption is to be given, notify the Indenture Trustee by a Written Order written direction of the Corporation of its intention to redeem such Debentures and of the aggregate principal amount of Debentures so to be redeemed. At any time prior to the date upon which the Redemption Notice is The Debentures so to be given, the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, be redeemed on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, shall be selected by lot by the Indenture Trustee (i) or on a pro pro-rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holder, (ii) by lot in such manner as the Indenture Trustee may deem equitable, or (iii) in such other manner as the Indenture Trustee may deem equitable. (c) . 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 1,000.00 may be selected and called for redemption in part only (such part being $1,000 or 1,000.00 on an integral multiple thereof) and, and unless the context otherwise requires, references to Debentures in this Article 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 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, a replacement Debenture one or more new Debentures for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Corporation shall execute and the Trustee shall certify and deliver deliver, at the expense of the Corporation, such replacement new Debenture or Debentures upon receipt from the paying agent of the Debenture so surrendered.

Appears in 1 contract

Samples: Trust Indenture (Poly-Pacific International Inc.)

Partial Redemption of Debentures. (a) If less than all of the Outstanding Debentures of a Series for the time being outstanding are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, in each such case, at least 15 30 days and not more than 60 days before the date upon which the Redemption Notice notice of redemption is to be givengiven to Holders of such Debentures, notify the Indenture Trustee by a Written Order Trustees in writing of its the Corporation’s intention to redeem Debentures of such Debentures Series and of the aggregate principal amount of Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is The Debentures so to be given, redeemed shall be selected by the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, be redeemed Trustees on a pro rata basis (to the nearest multiple of $1,000 1,000) in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case Debentures of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures such Series registered in the name of each Holder, (ii) Holder or by lot in or by such manner other means as the Indenture Trustee Trustees may deem equitableequitable and expedient. For this purpose the Trustees may make regulations with regard to the manner in which such Debentures may be so selected, or (iii) in such other manner as the Indenture Trustee may deem equitable. (c) and regulations so made shall be valid and binding upon all Debentureholders. Debentures in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) ), and, unless the context otherwise requires, references reference to Debentures in this Article 3 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 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, a replacement Debenture one or more new Debentures for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Trustee Trustees shall certify and deliver such replacement new Debenture or Debentures upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Indenture (Brookfield Renewable Energy Partners L.P.)

Partial Redemption of Debentures. (a) If less than all the Outstanding outstanding Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, shall in each such case, at least 15 days before the date upon which the Redemption Notice notice of redemption is to be given, notify the Indenture Trustee by a Written Order Direction of the Corporation of its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. At any time prior to the date upon which the Redemption Notice is to be given, the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, be redeemed on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, shall be selected by lot by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holder, (ii) by lot in such manner as the Indenture Trustee may deem equitable, or (iii) in such other manner as the Indenture Trustee may deem consider equitable. , provided that such selection shall be proportionate (c) 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 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 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this Article 3 shall 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 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, a replacement new Debenture for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Corporation shall execute and the Trustee shall certify and deliver deliver, at the expense of the Corporation, such replacement new Debenture upon receipt from the paying agent of the Debenture so surrendered.

Appears in 1 contract

Samples: Trust Indenture (MDC Partners Inc)

Partial Redemption of Debentures. (a1) If In case less than all the Outstanding Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, shall in each such case, at least 15 days Business Days before the date upon which the Redemption Notice notice of redemption is to be given, notify the Indenture Trustee by a Written Order in writing of its intention to redeem such Debentures and of the aggregate principal amount of Debentures so to be redeemed. At any time prior to the date upon which the Redemption Notice is The Debentures so to be given, redeemed shall be selected by the Corporation may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, be redeemed on a pro rata basis (to the nearest multiple of $1,000 1,000) in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holderholder. For this purpose, (ii) by lot in such manner as the Indenture Trustee may deem equitablemake, 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 notwithstanding the fact that, as a result thereof, one or (iii) more of such Debentures become subject to redemption in such other manner as the Indenture Trustee may deem equitablepart only. (c2) Debentures in denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this Article 3 III 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 paymentpayment as required herein, shall be entitled to receive, without expense to such Holderholder, a replacement new Debenture Certificate for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Corporation shall execute and the Trustee shall certify and deliver deliver, at the expense of the Corporation, such replacement new Debenture Certificate upon receipt of the Debenture Certificate so surrendered.

Appears in 1 contract

Samples: Trust Indenture (Gerdau Ameristeel Corp)

Partial Redemption of Debentures. (a) If In case less than all of the Outstanding outstanding Debentures are to be redeemed pursuant to section 3.1redeemed, the Corporation shall, Company shall in each such case, at least 15 ten business days before the date upon which the Redemption Notice is required to be given, notify the Indenture Trustee by a Written Order in writing of its intention to redeem such Debentures and of the aggregate principal amount of Debentures so to be redeemed. At any time prior to the date upon which the Redemption Notice is The Debentures so to be given, the Corporation redeemed may revoke such Written Order by delivering a second Written Order to the Indenture Trustee stating that the Corporation no longer intends to make a partial redemption of the Debentures. (b) The Debentures to be so redeemed shall: (i) in the case of Book-Entry Only Debentures, be redeemed selected on a pro rata basis (to the nearest multiple of $1,000 1,000) in accordance with the principal amount of the Outstanding Debentures; or (ii) in the case of Definitive Debentures, be selected by the Indenture Trustee (i) on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each Holderholder, (ii) by lot in by the Trustee, or by such manner as other method that complies with the Indenture 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, or (iii) in such other manner as . For this purpose the Indenture Trustee may deem equitable. (c) make regulations with regard to the manner in which such Debentures in may be so selected and regulations so made shall be valid and binding upon all Debenture holders. Debentures of denominations in excess of $1,000 may be selected and called for redemption in part only (such part being $1,000 or an integral multiple thereof) and, unless the context otherwise requires, references to Debentures in this 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 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 Holderholder, a replacement Debenture one or more new Debentures for and evidencing the same obligation as the unredeemed part of the Debenture so surrendered, and the Indenture Trustee shall certify and deliver such replacement new Debenture or Debentures upon receipt from the paying agent of the Debenture Debentures so surrendered.

Appears in 1 contract

Samples: Trust Indenture (Pan American Silver Corp)

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